(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7671 OF 2008 Ashok s/o. Ashruba Narwade, Age : 40 years, Occupation : Nil, R/o. at post Wasadi, Taluka : Kannad, District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through the Chief Secretary [service], General Administration Department, Mantralaya, Mumbai. 2. The Executive Engineer / Selection Committee, Public Works Department [West], Padampura, Aurangabad. .. Respondents. .......................... Mr. J.M. Murkute, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for the respondents. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 30TH JULY 2009. (2) COURT'S ORDER : 1. The petitioner has prayed for a direction to the respondents to consider his representation for appointment on compassionate ground. 2. A categorical statement is made, in para 12 of the affidavit in reply filed on behalf of respondent no.2, which reads thus : " The petitioner is at serial No. 11 in the waiting list of appointment maintained for compassionate appointment, as and when his turn comes, if he is fulfilling all the necessary criteria, he would be considered for the appointment, if permitted as per law. Thus, it can be said that the petitioner is not eligible to be appointed as Civil Engineering Assistant. " 3. In view of the aforesaid statement made in the affidavit in reply, the respondents shall consider the claim of the petitioner, for appointment on compassionate ground, on any other post to which he is eligible, other than the post of Civil Engineering Assistant. 4. With the above directions, the petition is disposed of ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7671