wp5970.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5970 OF 2010 1 Subhash s/o Adhar Mahajan age major, occ. retired from sevice r/o Dattawadi, Nr. Datta Typing class Chalisgaon, Dist. Jalgaon. 2 Tushar s/o Subhash Mahajan age 26 years, occ. nil r/o Dattawadi, Nr. Datta Typing Class Chalisgaon, Dist. Jalgaon. .. PETITIONERS VERSUS 1 The State of Maharashtra Through its Secretary 2 The Maharashtra State Board Transport Corporation Through its Managing Director Central Office Maharashtra Wahatuk Bhavan, Dr. Anantrao Nair Road, Mumbai. 3 The Divisional Controller Maharashtra State Road Transport Corporation Jalgaon Division, Jalgaon. .. RESPONDENTS Mr. S.P. Tiwari, advocate for the petitioner. Mr. S.K. Tambe, AGP for the State. Mr. M.K. Goyanka, Advocate for respondent nos. 2 and 3. ===== wp5970.10 2 CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 8 th DECEMBER, 2010 ORAL JUDGMENT : ( PER B.R.GAVAI, J.) 1 Rule. Rule made returnable forthwith. Heard by consent. 2 It is not in dispute that the facts in the present case are identical with the facts in Writ Petition no. 1070/2010 ( Vasant nathu Shitole & others vs. The State of Maharashtra & others ). 3 The order issued to the petitioner is dt. 26-6-2006 whereas the change in policy as has been held by order in aforesaid case is w.e.f. 28-7-2006. As such, the petitioner cannot be governed by the change in policy. 4 Rule is therefore made absolute with no order as to costs, in the following terms. “By issuing writ of Mandamus or any other appropriate writ, order or direction, the respondents no. 2 and 3 may kindly be directed to consider the case of petitioner no. 2 for appointment on compassionate ground, as per the scheme existing on the date of submission of application by the petitioners i.e. wp5970.10 3 28-6-2006 and they may be further directed to issue appointment order in favour of petitioner no. 2, for a suitable post as per the qualification.” ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb