Allowed

Om Santosh Neware v. the State of Maharashtra, Thr. Secretary for Rural Development Department, Mumbai and Another

Bombay HC11 Sept 2023WP/1308/2023

Case brief

AI extract

What is this about?

This petition seeks compassionate appointment following the death in harness of the petitioner's father, a former Junior Clerk with Zilla Parishad, Akola. The court directed quashing of the endorsement against the petitioner in the waiting list and ordered consideration based on seniority.

What did the court decide?

Endorsement against petitioner's name in compassionate appointment waiting list quashed. Petitioner to be appointed when seniority so dictates.

Om Santosh Neware Vs the State of… — Contract and Commercial Disputes | Bombay HC (2023)

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2023:BHC-NAG:13631-DB

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wp1308.23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.1308 OF 2023

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Shri Om Santosh Neware,
age 20 years, occupation : student,
r/o Shradha Nagar 2, Khadki,
Akola, Taluq and District Akola. ...Petitioner

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- Versus -

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1) The State of Maharashtra, through its Secretary for Rural Development Department, Mantralaya, Mumbai.

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2)The Zilla Parishad, Akola,
through its Chief Executive
Officer, Akola, District Akola. ...Respondents

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Shri S.M. Vaishnav, Advocate for petitioner.

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Shri A.S. Fulzele, Additional Government Pleader for respondent no.1.

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Shri U.J. Deshpande, Advocate for respondent no.2.

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 CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
 DATED : SEPTEMBER 11, 2023

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ORAL JUDGMENT (PER A,S, CHANDURKAR , J.) :

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Rule. Rule is made returnable forthwith. Heard finally with

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the consent of the learned Counsel for the parties.

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2 wp1308.23

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2)The father of the petitioner was working as Junior Clerk with

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Zilla Parishad, Akola. On his death in harness, the petitioner sought
appointment on compassionate basis by moving application dated
10/7/2013. The name of the petitioner’s mother was initially considered
for grant of compassionate appointment, after which her name was
substituted with that of the petitioner. During pendency of the petitioner’s
application, the Chief Executive Officer, Zilla Parishad, Akola had sought
guidance from the Rural Development Department in the matter of
substituting the petitioner’s name in place of his mother in the list of
persons seeking compassionate appointment. In the list of such
applicants, the petitioner’s name stands at serial no.3. It is not in dispute
that the candidate whose name was at serial no.2 in the said waiting list
had approached this Court in Writ Petition No.5242/2022 (Pratik Prakash
Nagpure vs. The State of Maharashtra and another). By the judgment
dated 10/3/2023 this Court had set aside the endorsement made against
his name that subject to approval of the State Government, appointment
would be made. It is submitted that similar endorsement has been made
against the name of the petitioner.

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3)We have heard the learned Counsel for the parties and
perused the documents on record. We find the petitioner entitled to
similar relief that was granted to the candidate at serial no.2. Accordingly,
for the reasons recorded in the judgment in Pratik Prakash Nagapure

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(supra), it is directed that the endorsement made in the said waiting list
against the name of the petitioner shall stand quashed. The claim of the
petitioner would be considered in accordance with his seniority in the said
list. The Zilla Parishad to accordingly issue an appointment order to the
petitioner as and when his turn is arrived at in the said list.

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4)Rule is made absolute in the aforesaid terms. No order as to

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costs.

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 JUDGE JUDGE

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khj

Om Santosh Neware v. the State of Maharashtra, Thr. Secretary for Rural Development Department, Mumbai and Another

Case brief

What is this about?

What did the court decide?

Om Santosh Neware v. the State of Maharashtra, Thr. Secretary for Rural Development Department, Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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