1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2935 OF 2009 Sanjay s/o. Annasaheb Dhawale ....Petitioner. Versus The General Manager, (K & A.S.) Maharashtra State Road Corporation and another ....Respondents. Shri. S.S. Thombre, Advocate for the petitioner. CORAM : V. C. DAGA & A.V. POTDAR, JJ. DATE : 15TH JULY, 2009 PER COURT : 1. Heard the learned counsel for the petitioner. Perused the petition. 2. The petitioner is claiming appointment on the compassionate ground. The claim of the petitioner was rejected by the order dated 14.1.2009 on the ground that after 9.6.2006 those who have compulsorily retired prematurely on medical ground, their dependents would not be entitled for the appointment on compassionate ground. The learned counsel appearing for the petitioner sought to rely upon the circular 2 dated 24th August 2006 (Exh. G) to contend that his case falls in the exception carved out in the said circular in para 2, which reads as under:- 3. The reading of the clause unequivocally goes to show that those family members, persons who were on waiting list prior to 9.6.2006 can only claim the appointment on compassionate ground. No such waiting list was produced on record showing the name of the father of the petitioner. 4. The learned counsel appearing for the petitioner, during the course of oral submission states that there was no system with the respondent to maintain such waiting list. On being asked as to whether such averments are made in the petition, the learned counsel appearing for the petitioner has frankly admitted that no such averments are made in the petition. In this view of the matter, oral submission made cannot be accepted. 5. Taking overall view of the matter, petitioner cannot claim appointment on compassionate ground as he does not answer the requirement of the scheme. In the circumstances, we do not find any fault with the order dated 14.1.2009 impugned in this petition. The 3 petition is without any substance. The petition is, therefore, dismissed in liminie with no order as to costs. [ A.V. POTDAR, J. ] [ V.C. DAGA, J. ] ssc/wp2935.09