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2022 Supreme(Bom) 1613

RAVINDRA V. GHUGE, SANJAY A. DESHMUKH
Vishal S/o Vijaysingh Thakur – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Gunale V.D.
For the Respondents: P.S. Patil, P.R. Tandale.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. This is a case wherein the petitioner, who is said to be the younger brother of original applicant Vikesh, desires compassionate appointment after 15 years and 9 months, on the following grounds:

    (a) His father passed away on 18.2.2007.

(b) His elder brother, Vikesh applied for compassionate appointment and being an eligible candidate, he was enlisted in the list of candidates for granting compassionate appointment.

(c) However, Vikesh moved an application dated 04.07.2014, alongwith an affidavit, stating therein that he does not desire to take up any employment and, therefore, his younger brother, Vishal (the petitioner herein), be included in the list of eligible candidates in his place.

(d) The application filed by Vikesh was not entertained by the respondent employer of the deceased father on the ground that Government Resolution dated 20.05.2015, prohibits the substitution of one candidate by another candidate.

(e) The said Government Resolution was taken up in challenge before this court, by Dnyaneshwar Ramkishan Musane vs. State of Maharashtra and Others, 2020 (5)

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