JUDGMENT :

Ravindra V. Ghuge, J.

1. This petition was heard by the Division Bench on 07.12.2022. After considering the extensive submissions of the learned Advocates for the respective sides, the following order was passed:-

“1. The petitioners have put forth a case seeking compassionate appointment. Petitioner No.1 is the widow of the employee of respondent No.2/Zilla Parishad, namely, Dinesh Gaikwad. Petitioner No.2 is the son of the deceased born on 21.02.1994 and who is 28 years and 10 months as on date. The deceased passed away on 05.08.2017, in harness. The deceased and petitioner No.1 had a third child born on 18.09.2003.

2. The State of Maharashtra issued the Government Resolution dated 28.03.2001 in relation to the eligibility for compassionate appointment. Clause E of the said Government Resolution reads as under :-

Translated version of the said clause is, “Family members of a deceased employee, who had more than two children and the excess child was born after 31.12.2001, would not be eligible for compassionate appointment.”

3. Two judgments have been cited before us. Both are delivered by the Division Bench of this Court.

4. The judgment cited by the petitioner is dated 03.07