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2023 Supreme(Bom) 1783

A. S. CHANDURKAR, M. W. CHANDWANI
Rajeshri – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.D.Raskar, Advocate, Amit Madiwale, Advocate, D.V.Mahajan, Advocate

JUDGMENT/ORDER

M.W.CHANDWANI, J. - Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. The petitioners seek direction to respondent Nos.2 to 4 to consider the claim of petitioner No.1 for her appointment on compassionate ground on suitable post according to her qualification.

3. Father of petitioner No.1 and husband of petitioner No.2 deceased Manik Sitaram Bhatkulkar (hereinafter referred to as 'deceased employee' for short) was serving with the respondents as Labour since 31/03/1986. He died on 28/07/1998, while he was in service leaving behind his heirs including the petitioners. On 09/02/1999, petitioner No.2 had submitted an application for her appointment on compassionate ground with the respondent No.2. No action was taken by the respondents on the said application. A reminder letter dtd. 14/09/2004 was also issued to respondent No.2. In the first week of December, 2019, petitioner No.2 came to know that her name is excluded from the waiting list of the candidates for appointment on compassionate ground on account of crossing age of 45 years by her.

4. On 16/12/2019, petitioner No.2 submitted another application requesting re

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