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2020 Supreme(Bom) 346

Z.A.HAQ, S.M.GAVHANE
Dnyaneshwar S/o Ramkishan Musane – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Avinash M. Reddy, Mr. Satish Bhosale, Mr. V.D. Gunale.
For the Respondents: Mr. S.R. Yadav, Mr. V.V. Bhavthankar.

JUDGMENT :

Z.A. HAQ, J.

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Undisputedly, the father of the petitioner was working as primary teacher with the Zilla Parishad, Parbhani as a confirmed employee and while in employment, he died on 06.09.2005. At that time, the petitioner was minor (aged about 6 years). The mother of the petitioner applied for appointment on compassionate ground and her name was included in the list of persons seeking appointment on compassionate ground. After the name of petitioner’s mother was included in the list of persons seeking appointment on compassionate ground, the grand parents of petitioner objected for giving appointment on compassionate ground to mother of the petitioner and proposed that appointment on compassionate ground should be given to the petitioner. At that time, the petitioner was minor (aged about 8 or 9 years).

4. The Chief Executive Officer, Zilla Parishad conducted hearing in 2013. At the time of hearing, mother of the petitioner gave up her claim for appointment on compassionate ground and requested that petitioner be given appointment on compassionate ground. At that time also, the petitioner was minor. On becoming major, the

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