1 4 wp7364.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.7364 OF 2026 Ku.Juhi d/o Lakhan Dhone ..vs.. The State of Mah., thr,its Secretary, Energy Department, Mumbai and ors Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri S.D.Chande, Counsel for the Petitioner. CORAM : BHARATI DANGRE & URMILA JOSHI-PHALKE, JJ. DATED : 17th SEPTEMBER, 2026. 1. Heard. 2. By this petition, the petitioner raises a challenge to the communication dated 7.11.2025 issued by respondent No.2/General Manager, Maharashtra State Electricity Transmission Company Limited, thereby denying appointment on compassionate ground to the petitioner, in the wake of demise of her late father Lakhan Dhone. The impugned order records that there are three children born to Lakhan Dhone, the first daughter was born on 10.2.1993, second on 24.4.2000, and one son on 12.7.2003. The rejection is by relying upon Clause-2(e) in the Government Resolution dated 28.3.2001 which prohibited the appointment to be made on compassionate ground in respect of employee to whom the third child is born after 31.12.2001. 2026:BHC-NAG:12479-DB 2 4 wp7364.26.odt As far as the deceased father of the petitioner is concerned, the third male child was born on 12.7.2003 and, therefore, Clause-2(e) of the Government Resolution was attracted and the appointment is rejected. 3. This is constrained for the learned counsel for the petitioner to challenge a particular clause in the Government Resolution which we refused to entertain as we find that the policy of prohibiting either appointment or prescribing for incurring disqualification upon a third child being born out of specified cut-off date has consistently been followed and having faced challenge on more than one occasion, the same has been upheld. If this occurred disqualification for contesting election and holding a seat in any local body and if this is also impediment in securing the Government employment, we see no reason why an appointment on compassionate ground shall be refused on this ground, as the person on whose demise the appointment is sought, is hit by the embargo so created as the third child was born after the cut-off date. 4. Hence, we dismiss the petition. [URMILA JOSHI-PHALKE] [BHARATI DANGRE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 21/09/2026 18:42:12