1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10892 OF 2009 Smt.Surekha Baban Porlekar & Ors. ...Petitioners Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.N.V.Bandiwadekar for Petitioners. Mr.V.S.Gokhale, A.G.P. for Respondents 1 to 3. Mr.R.S.Khadapkar for Respondent No.4. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 26, 2010. P.C. 1. Counsel appearing for the University submits that the proposal regarding appointment of the Petitioners on compassionate ground is already forwarded to the University/State Government as back as on 19th September 2007 but no decision thereon has been taken till date. He also submits that the State Government has taken decision that the University should phase out 52 Class `D’ employees in phased manner being surplus staff. We are not concerned with the said controversy. If the University has already made representation to the State Government to increase the 2 number of posts or to recall the order of phasing out 52 Class `D’ employees on the ground that they are surplus, it is for the State Government to consider the same on its own merits. 2. For the time being, at the instance of the Petitioners, we would dispose of this Petition with direction to the State Government to consider the proposal submitted by the University in respect of appointment of Petitioners on compassionate basis. That decision, however, will have to be taken on its own merits and in accordance with law. 3. We make it clear that this order is not an expression of opinion either way with regard to the stand of the Petitioners about their eligibility for being appointed on compassionate basis. The State Government shall take appropriate decision as may be advised as expeditiously as possible, preferably within three months from today. 4. Petition disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)