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2022 Supreme(Bom) 748

MANGESH S.PATIL, SANDEEP V.MARNE
Mangalabai Janardhan Shinde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Sambhaji S. Tope
For the Respondent: Shri A. S. Shinde, Shri Vivekanand V. Gujar

ORDER :

Sandeep V. Marne, J.

1. By the present petition, the petitioners challenge the conditions in the Government Resolution dated 20.05.2015 and 21.09.2017 prohibiting substitution of the name in the waiting list for compassionate appointment as well as imposing restriction on maximum age of 45 years for being considered for compassionate appointment.

2. Facts of the case fall in narrow compass.

The husband of the petitioner No. 1 and father of the petitioner No. 2 was employed as Gram Sevak in the respondent No. 2 Zilla Parishad, who died in harness on 13.06.2013. The petitioner No. 1, being widow submitted application for grant of compassionate appointment on 10.12.2013 and by November 2014 all the deficiencies in the application were cleared by submitting requisite documents. It is the case of the petitioners that name of the petitioner No. 1 was included in the waiting list for compassionate appointment at Sr. No. 47. The petitioners have placed on record the waiting list of the Zilla Parishad Parbhani as on 31.08.2020, in which the name of the petitioner No. 1 figures at Sr. No. 47.

3. On 19.09.2017, the petitioner No. 1 applied to the respondent Zilla Parishad for substitution

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