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2022 Supreme(SC) 1001

M. R. SHAH, KRISHNA MURARI
State of Maharashtra – Appellant
Versus
Madhuri Maruti Vidhate (Since after marriage Smt. Madhuri Santosh Koli) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv.
For the Respondent(s): Mr. Raahul Trivedi, Adv. Mr. Ashok Trivedi, Adv. Mr. Prashant Trivedi, Adv. Mr. Riyaan Bhola, Adv. Mrs. Priti Jignesh Joshi, Adv. Ms. Priyanka Soni, adv. Mr. Vaibhav Dixit, Adv. Mr. Prabodh Kumar, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.01.2019 passed by the High Court of Judicature at Bombay in Writ Petition No. 11614 of 2018 by which the High Court has dismissed the said writ petition and has confirmed the order passed by the Maharashtra Administrative Tribunal (hereinafter referred to as the “Tribunal) directing to appoint the respondent on compassionate ground, the State of Maharashtra through the Principal Secretary, Water Resources Department has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That the father of the respondent was in the clerical cadre serving with the appellants. He died in harness. After his death, his wife, i.e., mother of the respondent was appointed on compassionate ground. However, she died while in service. That thereafter the elder sister of the respondent namely Mrs. Sangita M. Thonge made application for seeking appointment on compassionate ground. The said application was rejected vide communication dated 18.08.2011 on the ground that she cannot be given the appointment on compassionate ground as she is a married daughter.


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