STATE OF MAHARASHTRA THROUGH ITS SECRETARY HOME DEPARTMENT AND 2 ORHERS vs TANMAY SUNIL GITE

Judgment text excerpt

Digitally signed by ANANT WP.19203.2024 (J) C.doc ANANT KRISHNA NAIK KRISHNA Date: NAIK 2025.02.05 18:39:06 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19203 OF 2024 1. The State of Maharashtra ) Through its Secretary, Home Department, ) Mantralaya, Mumbai ) 2. The Commissioner of Police, Mumbai ) Office at Mumbai Police Commissioner, ) L.T. Marg, Opp. Crawford Market, Fort, ) Mumbai – 400001 ) 3. The State of Maharashtra ) Through Principal Secretary, ) General Administrative Department, ) Mantralaya, Mumbai – 400032 ) ...Petitioners Versus Shri Tanmay Sunil Gite ) Age: 19 Yrs, Occu: Student, ) Residing at Room No. 515, B-4, Sharadha Saburi Building No. 5 ) M. P. Mill Compound, Mumbai – 400034, ) .. Respondent *** Mrs. Reena A. Salunkhe, Assistant Government Pleader for the Petitioner- State. Ms. Anu C. Kaladharan i/b. Mr. Kanhaiya S. Yadav, Advocate for the Respondent *** CORAM : A. S. CHANDURKAR & M. M. SATHAYE, JJ. DATED : 5th FEBRUARY 2025 akn 1 WP.19203.2024 (J) C.doc JUDGMENT (Per M. M. SATHAYE, J): 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2. By this petition, the Petitioner-State is challenging the Judgment and Order dated 13/07/2023 in the Original Application No. 1326 of 2022 passed by the Member, Maharashtra Administrative Tribunal, Mumbai, (for short ‘the Tribunal’). By the said impugned order, the Tribunal has allowed the said Original Application filed by Respondent, thereby quashing the impugned communication dated 25/11/2022 therein and directing the Petitioner-State to consider the claim of Respondent for compassionate appointment and taking his name in the waiting list on suitable post subject to fulfillment of terms and conditions. 3. Fe