Bombay High CourtWP/5222/2025disposed off

Aman Amol Kulsange v. Municipal Council, Yavatmal, Through Its Chief Executive Officer, Yavatmal And ANR.

2026-01-17Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5222/2025 Aman Amol Kulsange ..versus..

Municipal Council, Yavatmal & another ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri A.C. Dharmadhikari, Advocate for the Petitioner(s) Shri V.D. Darne, Advocate for the Respondent No. 1 Ms. Mrunal Naik, AGP for the Respondent/State CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. JANUARY 17, .

Heard learned Counsel for the respective parties. (2) It appears that the mother of the Petitioner applied for compassionate appointment. Her name is enlisted in the waiting list in view of the order passed in Writ Petition No. 7166/2017. However, till she attained the age of 45 years, she was not given the employment on compassionate appointment. In view thereof, on 13/06/2025, she applied for substitution of her son's name, i.e. the Petitioner herein, in her place. Her Application was neither considered nor rejected by the Respondents.

(3) Learned Counsel for the Petitioner relied on the judgment in Writ Petition No. 1002/2022 (Vishal Vilasrao Khade & another vs. Municipal ..

A ..

22wp5222.25 22wp5222.25 Council, Yavatmal & another) wherein there is a reference of Full Bench decision of this Court in Kalpana Wd/o Vilas Taram & another vs. The State of Maharashtra & others reported in 2024(4) Mh.L.J. 312. (4) In view of the judgment in reference, the Respondents are directed to substitute the name of the Petitioner in place of his mother on the same position. Till this exercise is completed, there shall not be any appointment on compassionate ground. After substitution, the Petitioner may be considered as per his seniority. (5) With the above direction, the Writ Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of. (NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.) ..

A ..