JUDGMENT :

S.G. CHAPALGAONKAR, J.

1. The Petitioners have approached this Court under Article 226 of the Constitution of India, thereby raising challenge to the Circular dated 05.01.2016 issued by the Respondent – MCGM as well as order dated 10.03.2021 rejecting Application of petitioner No. 02 seeking appointment on compassionate ground.

2. The Petitioners are the widow and son of late Sanjay Padamalwar who was serving under the establishment of the Respondent – MCGM since 1988. However, he was medically invalidated w.e.f. 11.08.2018 at the age of 52 years.

3. The Petitioner No. 2, who is the son of Sanjay Padamalwar, submitted an Application seeking appointment on establishment of respondent-corporation on compassionate ground. However, the claim of the Petitioner No. 2 came to be rejected by the Respondent – MCGM under the communication dated 10.03.2021, stating that at the time of medical invalidation, Mr. Sanjay Padamalwar, had crossed 50 years of age. As per the Circular dated 05.01.2016, benefit of compassionate appointment cannot be made available to the family member of the employee, who was more than 50 years of age at the time of medical invalidation.

4. Learned counsel for t