(1) wp6433-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6433 OF 2008 Ramesh Budha Ahire (Mali) PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. S.R. Patil, advocate for the petitioner. Mr. V.B. Ghadge, A.G.P. for the respondent/State. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 23rd JUNE, 2011 ORAL ORDER : 1. The petitioner's grievance in the present petition is that his name has been deleted from the list of persons who are to be appointed on compassionate grounds. That list was maintained by the Collector at one point of time. However, after the Government Resolution of 22nd August, 2005, the list is maintained with the concerned Department. 2. The petitioner's father was working as Kalwa Choukidar. He expired on 21st October, 1999 while in (2) wp6433-08 service. The petitioner applied for being appointed on compassionate grounds on 18th October, 2010. His name was included in the list maintained by the Collector at that point of time. According to the petitioner, the persons who are junior to him in that list have been appointed in service. The petitioner, therefore, submits that his claim should be directed to be considered by the respondents as he has been bypassed. 3. An affidavit has been filed by the Sub Divisional Officer, Irrigation Sub Division, Dharangaon in which he has conceded that the petitioner's name was in the waiting list meant for appointing the candidates on compassionate grounds from the year 2000. A policy decision was taken by the State that two lists should be maintained for appointing such persons on compassionate grounds, one with the Collector and the other with the concerned Department. Accordingly, the petitioner's name was at serial no. 5 in the list maintained by the Department. It appears that the persons who have been recruited,though junior to the petitioner in the (3) wp6433-08 Collector's list were extended the benefit of recruitment because the vacancies had arisen in the Departments with which they were concerned. Thus, those persons were appointed in preference to the petitioner. 4. The petitioner has crossed age of 40 years and, therefore, his name was deleted from the list. We are informed that there is a change in the Government's policy and the age limit of 40 years has been raised to 45 years. 5. In these circumstances, we direct that the petitioner's name be included in the seniority list w.e.f. 6th December, 2010 in both the seniority lists. The petition is disposed of accordingly. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/wp6433-08