Sudeep Sanjiv Vhananavar v. The State Of Maharashtra Through Deputy Director And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.06.13 20:45:21 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5193 OF 2025 Neelam Nandkumar Patil nee Kanta Ananta Gaikar ....Petitioner

Versus

The State of Maharashtra and Ors. ....Respondents ---- Ms. Seema Pandey a/w. Mr. Yash S. Pagare i/b. Mr. Smit K. Nagda for the Petitioner.

Ms. Aakanksha Saxena, B Panel Counsel for Respondent Nos.1 to 3. Mr. Pankaj Pandey for Respondent No.4.

---- CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE : 11th JUNE, 2025 P.C. :- 1.

The Petitioner's husband passed away on 10th April, 2021. Within one year, the Petitioner moved an application dated 8th April, 2022 to the Education Officer (Secondary), Zilla Parishad Palghar, praying for directions to grant her the compassionate appointment. One such application is also addressed to the concerned Trust, on 27th January, 2025.

2.

The learned Advocate appearing on behalf of the Trust has brought to our notice an order dated 13th March, 2023 passed by the Joint Charity Commissioner, Greater Mumbai Region, Mumbai

in Misc. Application No.88 of 2022, by which certain directions have been issued for appointing fit persons to administer the Trust. However, vide the said order, directions have also been issued not to make any appointment or pass orders of removal, transfer, promotion, demotion, etc.

3.

It is crystalized law that applications for compassionate appointments have to be decided within a period of six months as held by the Hon'ble Supreme Court in the case of Malaya Nanda Sethy v/s. State of Orissa and Ors.1 4.

In view of the above, since the order dated 13th March, 2023 passed by the learned Joint Charity Commissioner has been brought to our notice, we direct Respondent No.4 to place the applications dated 8th April, 2022 and 27th January, 2025 before the learned Joint Charity Commissioner in Misc. Application No.13 of 2024 within 10 days from today. While placing these documents before the said Authority, Respondent No.4 would prefer a formal application inviting orders on the said Application for compassionate appointment and also mention the postal address of 2022 INSC 616

the Petitioner for reference purpose. If the learned Joint Charity Commissioner desires to hear the present Petitioner, a notice be issued to her. We expect this procedure to be completed and a reasoned order be passed, by allowing the competent authority to take a decision on the appointment on compassionate grounds, in the light of the application dated 8th April, 2022, within a period of 60 days from today.

WRIT PETITION NO.3780 OF 2025 5.

This Petition was not on board. By consent of the parties, is taken on board.

6.

In this Petition, the father of the Petitioner passed away on 24th June, 2021. The Petitioner (biological son) moved an application on 3rd November, 2021.

7.

In view of the above, akin to the aforesaid directions, Respondent No.4 would also follow the same procedure and make a formal application and place the documents before the learned Joint Charity Commissioner, who shall follow the same procedure and

pass similar orders within the same timeline. 8.

With the above directions, both these Petitions are disposed off.

(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)