: 1 : wp-1908-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1908 OF 2011 Nitin Balasaheb Gaikwad .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents ......... Mr. Macchindra Patil for the petitioner Mr. Sameer Patil, AGP for respondent nos. 1 to 6 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 11th AUGUST, 2011. P.C. : 1. Leave to amend, to implead the Collector, Solapur as a party respondent, as prayed for granted. Amendment be carried out forthwith. Learned AGP waives notice for the Collector, Solapur, newly added respondent. 2. The primary relief claimed in this petition is to direct respondent no.2 to appoint the petitioner in the post of Health Assistant. Insofar as this relief is concerned, the same cannot be countenanced in view of the Statutory Rules known as ‘Health : 2 : wp-1908-11=.doc Assistant, Health Supervisor and non-Medical Health Officer, Class- III’ in the Directorate of Health Services (Recruitment) Rules 1993. As per Rule 3, the post of Health Assistant in the Directorate shall be filled in, only by promotion of a suitable person referred to therein. Accordingly, the relief claimed by the petitioner cannot be entertained. 3. The petitioner has asked for further relief of direction against respondent no.2 to appoint him on any other suitable post in the employment of respondent no.2 on compassionate ground. The petitioner has already made representation to different Authorities in the past. The petitioner has made representation to the Joint Director, Health Services (Leprosy), Solapur on 23rd March, 2006. However, that representation has not been made by the petitioner directly to the Collector, who is the appropriate Authority to issue letter of appointment or issue direction to the concerned Department to appoint the petitioner on compassionate ground, subject to eligibility. 4. In the circumstances, we dispose of this petition with liberty to the petitioner to forthwith make representation to the Collector, Solapur for appointment on suitable post on compassionate ground. : 3 : wp-1908-11=.doc As his late father Babasaheb Murlidhar Gaikwad died in harness on 25th January, 2006, the Collector shall consider the said application as filed in time in the peculiar facts of the present case as the petitioner was pursuing that relief before the concerned Authorities since 2006 and has eventually filed Writ Petition in this Court in February, 2011. Subject to petitioner fulfilling other conditions regarding eligibility, be appointed on the suitable post on compassionate ground. The claim of the petitioner shall be considered by the competent Authority as expeditiously as possible against the available or future vacancies, in accordance with law. 5. Petition disposed of accordingly. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)