1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.60 OF 2008 (Shri Sudhir Annasaheb Bajad vs. Akola District Madyawati Sahakari Bank and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : APRIL 21, 2008 Heard Shri Raut, learned Counsel for the petitioner, and Shri Tathod, learned Counsel for the respondent nos. 1 and 2. Shri Raut, learned Counsel for the petitioner, seeks permission to withdraw the petition with liberty to make representation on the ground that similarly circumstanced legal representatives of ex-employees of respondent nos. 1 and 2 have been given appointment on compassionate ground. So far as issue involved in the petition is concerned, the claim of the petitioner for appointment on compassionate ground came to be rejected in view of Government Resolution dated 22.8.2005 since father of petitioner did not 2 expire while in employment and, therefore, petitioner could not be given benefit of the scheme. Similarly, so far as Government Resolution dated 28.3.2001 is concerned, same is not applicable in the case of the petitioner since father of the petitioner took voluntary retirement at the age of 54 years. The Government Resolution dated 28.3.2001 contemplates that if any employee contacts disease like cancer or meets with accident and, therefore, is unable to serve in the Department before the age of 50 years, then his legal heir can be considered for appointment on compassionate ground. Hence, benefit of the said Government Resolution was not given to the petitioner and according to us, rightly so. Since learned Counsel for the petitioner has contended that person similarly circumstanced is given benefit of the scheme, we are giving liberty to the petitioner to make representation to the competent Authority to that limited extent. With these observations, the petition is disposed of as withdrawn with liberty. JUDGE JUDGE khj 3