NEHAL YEHUDAS BELE v. STATE OF MAHA., THR. PRIN. SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPT., MUMBAI AND ORS.
/8233/2025 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9636 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9636 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 19WP8233.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.8233/2025 Nehal Yehudas Bele .Vs. The State of Maharashtra and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. K. Maheshwari, Appointed Advocate for petitioner. Mr. S. A. Ashirgade, A.G.P. for respondent No.1. Mr. Abhay Sambre, Advocate for respondent Nos. 2 and 3. CORAM :
ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : SEPTEMBER 21, 2026. On 20.08.2026, following order was passed:
“Heard. 2] Though, the reason for not extending the benefits of Ladpage committee is that the Government Resolution dated 20/9/2019 does not permit such appointment, the effective reason for not extending the benefits finds place in paragraph 2 of the reply filed by respondent nos. 2 and 3, which reads thus :
"2. It is admitted position that the father of the petitioner retired as Aiwajdar on 30/08/2017 on completion of age of superannuation as 60 years. The father of the petitioner was not permanent employee of the Municipal Corporation and hence he is not entitled for appointment on compassionate ground. It is submitted that the father of the petitioner died on 20/02/2019 and the petitioner claimed that he may be appointed on compassionate ground since his father was working as Aiwajdar." 3] As could be seen, the petitioner's father retired as Aiwajdar compassionate ground. That apart, he died on 20/2/2019, and therefore, was not in service to claim compassionate appointment. 4] The petitioner shall, accordingly, justify his claim, if it is true that the petitioner's father had retired on 30/8/2017, and that, when he expired on 20/2/2019, he was not in service. 5] List in the week commencing from 31/8/2026.”
(2) 19WP8233.25
2. In response, Mr. R. K. Maheshwari, learned counsel for petitioner submits that the petitioner could not supply any information/evidence that his father was in permanent employment. So far as death of the petitioner’s father is concerned, Mr. Maheshwari submits that he died post retirement. 3. If that be so, for the reasons stated in order dated 20.08.2026, the claim made by the petitioner for compassionate appointment is untenable. The petition is accordingly dismissed. 4. Fees of Mr. Maheshwari, learned counsel appointed for the petitioner through High Court Legal Services Sub Committee, Nagpur, shall be quantified and paid as per the Rules.
(JUDGE) (JUDGE) Kahale Signed by: Kahale Designation: Senior Pvt. Secretary Date: 21/09/2026 18:15:28