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2021 Supreme(Bom) 252

SUNIL P.DESHMUKH, G.S.KULKARNI
Nikhil Maruti Gosarade – Appellant
Versus
District Collector, Sangli – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Abhijit Kulkarni, Mr. Sachin Hande.
For the Respondent: Mr. Karan Thorat.

JUDGMENT :

G.S. KULKARNI, J.

1. The moot question which arises for consideration in the present proceedings is as to whether the petitioner could maintain an application for appointment on compassionate ground, when his deceased father was an ad-hoc promotee to a Group B post and whose promotion was never confirmed.

2. The assail as mounted in this petition is to the judgment and order dated 25 June, 2018 passed by the Maharashtra Administrative Tribunal (for short ‘the tribunal’) whereby the petitioner’s Original Application No. 70 of 2018 was rejected by the tribunal, confirming an order dated 13 November 2017 passed by respondent no. 3-Divisional Commissioner (Revenue), rejecting the petitioner’s application for compassionate appointment, on a post falling under Class-III.

3. We note the relevant facts:

    In the year 1985, petitioner’s father Maruti Ganpat Gosarade (for short ‘late Maruti’) entered State Government service, as a Clerk in the Office of District Collector at Sangli. As stated before the tribunal, his entire service tenure was unblemished. By an order dated 11 June 2013, issued in favour of late Maruti, he was granted an ad-hoc promotion to the post of Election Naib Tahsi

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