Ndm 1 wp.646.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRI PETITION NO. 646 OF 2009 Smt. Gita Vitthal Pawar. ... PETITIONER VERSUS The Director General of Police and ors. ... RESPONDENTS ------------------------ Shri. Rameshwar N. Gite for Petitioner. Shri. S.N. Patil, AGP. ------------------------ CORAM : SMT. RANJANA DESAI, A.A. SAYED, JJ. DATE : 21st July, 2009. P.C. 1. The petitioner’s case is that her husband Vitthal Pawar was appointed as Constable in the Police Force on 16.10.1989. He expired on 17.02.2003 while on duty. According to the petitioner she is eligible and entitled to employment in the office of respondent No.1 on compassionate grounds. 2. Affidavit in reply has been filed by the Ashok Bhikaji Kale, Police Inspector attached to office of the District Superintendent of Police, Alibaugh, District Raigad. Paragraph No. 6 thereof reads as under: “ 6. I say that as per Government Resolution No. AKP/1004/PK51/2004/8 dated 22/08/2005, the eligible family members have to apply for appointment in service on compassionate grounds within a period Ndm 2 wp.646.09.sxw of 1 year from the date of death of Government Servant. In the instant case, although the applicant has not filed her application in the prescribed form alongwith necessary documents, still she has made an application within 1 year from the date of death of her husband and therefore, her claims is still subsisting. I say that after receipt of her application in the prescribed form alongwith all necessary documents her name would be added to the waiting list and thereafter, she would be considered for appointment as per the education/ qualification / age limit and other factors ”. 3. In view of the above assertion made by the respondents in the affidavit, learned Counsel for the petitioner stated that the petitioner will make an application to the respondents in the light of the affidavit of Police Inspector Kale in prescribed form alongwith necessary documents. If such application is made the respondents may consider it sympathetically and in accordance with law. 4. The petition is disposed of. A.A. SAYED, J. SMT. RANJANA DESAI, J.