State of Maharashtra, Thr. Principal Secretary, Department of Health, Mumbai and Others v. Smt. Chaya Wd/O Anil Gayakwad and Another
Case brief
What is this about?
Compassionate ground appointment; substitution of claimant after original applicant crossed the 45-year upper age limit; inclusion of respondent No.2's name in waiting seniority list; Maharashtra Administrative Tribunal order dated 03.10.2023 upheld; Government Resolution dated 17.07.2025 (paragraph 5); Full Bench precedent Kalpana wd/o. Vilas Taram and another Vs. State of Maharashtra and others, 2024(4) Mh.L.J. (F.B.) 312; petitioner State of Maharashtra & Ors.; respondents Smt. Chaya wd/o. Anil Gayakwad & Anr.; advocates P.P. Pendke (AGP) for the State and P.R. Agrawal for respondents; Bombay High Court Nagpur Bench; Division Bench of Anil S. Kilor and Raj D. Wakode, JJ.; decided 06.05.2026; neutral citation 2026:BHC-NAG:7064-DB; petition dismissed without costs.
What did the court decide?
On reading paragraph 5 of the Government Resolution dated 17.07.2025, the Court did not accept the State's interpretation of its own resolution; the Tribunal's directions were accordingly not contrary to it.