1 wp7477-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7477 OF 2010 Kishor S/o Suresh Mondhekar ..Petitioner Versus The State of Maharashtra and ors. ..Respondents .... Mr.S.R.Dheple, Advocate for petitioner Mr.K.G.Patil, A.G.P. for respondent State Mr.D.P.Bakshi,Adv.for Res.no.3 .... CORAM : NARESH H. PATIL AND T.V.NALAWADE, JJ. DATE : 27th SEPTEMBER 2011 PER COURT 1] The petitioner contends that his father while working with Jivan Pradhikaran expired on 7/2/1998. The petitioner applied on 23/2/98 for appointment on compassionate ground. The petitioner's case for appointment on compassionate ground is not considered yet. The learned counsel for petitioner submits that several posts were available and are vacant with the respondent-Jivan Pradhikaran. Reply is filed by the State through Shri S.P.Patil, Joint Secretary, G.A.D. Mantralaya, Mumbai. It has been 2 wp7477-10 contended in para 4 of the reply as under : "4] As regards para [1] of the Writ Petition I say and submit that it is clearly indicated in the heading of the G.R. dated 22.8.2005 that the scheme for appointment on compassionate ground is meant for State Government Servants. Therefore, provisions of the G.R. dated 22.8.2005 regarding maintenance of the common waiting list in the office of the Collector is limited to State Government Employees only. As the employees of the Boards/ Authorities [including M.J.P.'s employees] / Corporations / Zilla Parishads / Nagar Palikas / Mahanagar Palikas are not Government servants, the provisions in the G.R. dated 22/8/2005 are not applicable to them. Since petitioner's father was M.J.P.'s employee, he was not Government servant. Hence the said provisions are also not applicable to the petitioner. Therefore, a question of including the petitioner's name in the common waiting list maintained by the Collector, Jalna & giving appointment to the petitioner doesn't arise. " 2] The State has filed further reply through Shri A.P.Pathak, Resident Deputy Collector, Jalna. In para 8 of the reply is contended as under : "8] I say that in present petition, I have gone through the reply filed by the respondent no.1 who is controlling officer of employees of State government, in which it has been clarified that the employees of Respondent no.3 and 4 are not government employees and therefore, the Government Resolution dated 22/8/2005 is not applicable to them. In this view of the matter, nothing further needs to be narrated." 3] The learned counsel for the petitioner submits that few of the 3 wp7477-10 employees were appointed on compassionate ground on recommendation of Jivan Pradhikaran by Collector, Jalna. 4] The learned counsel for respondent submits that those appointments were made under impression that the employees of the Jivan Pradhikaran are Government employees but lateron, the department corrected their stand as it was opined that the employees of respondent Jivan pradhikaran are not State employees. 5] The learned counsel Shri Bakshi submits that a list of 500 persons to be appointed on compassionate ground is prepared by the Jivan Pradhikaran. Petitioner's name stands at Sr.No.1 in the said list. The Pradhikaran is facing difficulties. No appointments have been made since long. The Pradhikaran has closed down some projects and it would not be possible atleast now to appoint the petitioner on compassionate ground. It has also been contended that considering the existing work load, the Pradhikaran has excess staff as on today. In the light of this scenario, the counsel submits that it will be very difficult to appoint the petitioner on compassionate ground. 6] It is a fact that the petitioner's case for compassionate appointment is being pressed after near about 10 years. The petitioner had applied for appointment in the year 1998. Considering the material placed on record, the stand adopted by the respondents, we are not inclined to give directions to the respondents. Petition is rejected. 4 wp7477-10 7] It is clarified that the Pradhikaran is at liberty to take appropriate decision in respect of the persons who are listed on compassionate grounds. ( T.V. NALAWADE,J. ) (NARESH H. PATIL, J. ) umg/wp7477-10