1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4052 OF 2007 Smt. Lalita w/o Suresh Tak .. PETITIONER VERSUS Municipal Council, Beed & another .. RESPONDENTS Mr. S.J. Salunke, Advocate for the petitioner. Mr. S.S. Thombre, Advocate for respondent no.1. ===== CORAM : NARESH H. PATIL & K. K. TATED, JJ. DATE : 6 th AUGUST, 2010. PER COURT : 1 Petitioner’s husband worked with the respondent municipal council initially as a daily wager. Thereafter under the one time settlement scheme and the order passed on 1-5-2001, petitioner’s husband’s services were regularised. While serving, petitioner’s husband died on 14-7-2001. Learned counsel for the petitioner states 2 that the petitioner, wife of deceased employee, filed application for compassionate appointment on 29-9-2002. Said application came to be rejected on 6-12-2006 on the ground that petitioner’s husband was not working under regular establishment. 2 Mr. Thombre, learned counsel for the municipal council submits that petitioner’s husband was working on daily wages and under one time settlement scheme, services of petitioner’s husband were regularised with a specific decision that after persons like petitioner’s husband and others serve their tenure, the posts would get abolished automatically. In that perspective, learned counsel submits that the municipal council denied benefit of compassionate scheme to the petitioner. 3 We do not fine any error in the approach of the municipal council. Petitioner’s husband died in the year 2001. We are considering the case of the petitioner in the year 2010. Considerable time has lapsed. Considering the principles of appointment on 3 compassionate basis and facts of the case, we are not inclined to interfere into the petition in exercise of extra ordinary writ jurisdiction under Article 226 of the Constitution of India. However, the petitioner is entitled to file representation to the respondent municipal council for seeking some work, if available with the municipal council. 4 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( K. K. TATED, J. ) ( NARESH H. PATIL, J. ) dyb/office/wp4052.07.odt