Somnath Bajirao Shevale v. The Chief Officer Satana Muncipal Council And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4799 OF 2026 Somnath Bajirao Shevale

...Petitioner

Versus

The Chief Officer, Satana Municipal Council & Anr.

...Respondents

BHALCHANDRA GOPAL DUSANE Mr. Gaurav Bandiwadekar for Petitioner.

Mr. Sarthak Diwan for Respondent No.1.

Mr. P.P. Kakade, Additional GP a/w Ms. P.N. Diwan, AGP for Respondents-State.

BHALCHANDRA GOPAL DUSANE Date: 2026.04.17 19:33:54 +0530 CORAM :

RAVINDRA V. GHUGE & HITEN S. VENEGAVKAR JJ.

DATE :

15th APRIL, 2026.

P.C.:

1.

This is a fit case where the Order passed by the District Collector, Nashik can be set aside without issuing notice. Nevertheless, the learned Advocate has appeared on behalf of the Municipal Council, Satana, Taluka Satana, District Nashik. 2.

The father of the Petitioner passed away on 30th May, 2012. The widow Smt. Ashabai Bajirao Shewale moved an application to the Municipal Council, Satana, Taluka Satana, District Nashik, for compassionate appointment. However, after the demise of her husband, she was found to be 45 years of age as on the date of

her application for seeking compassionate appointment. The District Collector, Nashik has mechanically passed an order deleting her name from the wait list.

3.

In such circumstances, the District Collector, Nashik was supposed to have acted with pragmatism and should have directed an Officer of his department to apprise the bereaved family of its right to compassionate appointment by nominating any eligible member of the family. Instead of mechanically deleting the name of the widow, an eligible family member who was dependent of the deceased, like the Petitioner before us, should have been called upon to make an application for compassionate appointment. 4.

In view of the above, the decision of the District Collector, Nashik, dated 19th April 2023, is quashed and set aside. 5.

The application dated 9th April 2012, addressed by the widow to the Chief Officer, Satana Municipal Council, shall be forwarded by the said Authority to the District Collector, Nashik for placing the Petitioner in the same eligible list at the same serial number at which the widow was earlier enrolled, for consideration Dusane

for compassionate appointment. As and when his turn comes, he would be granted compassionate appointment, considering his qualifications for an available post.

6.

With the above directions, the Writ Petition is disposed off.

[HITEN S. VENEGAVKAR, J.] [RAVINDRA V. GHUGE, J.] Dusane