Meena Dinkar Deshmukh @ Meena Sanjay Bawaskar v. State Of Maharashtra Others

P.C.

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The petitioner has approached this court praying for a direction to the respondents to decide the proposal of the petitioner for appointment as Class III employee from the category reserved for Freedom Fighter's nominees. It is the contention of the petitioner that the petitioner is denied the said benefit only on the ground that she is a married daughter of a freedom fighter.

3. Shri Kadam, learned AGP appearing for the respondents on the contrary submits that the question of entitlement of the petitioner is itself not yet decided. It is submitted that it is yet to be determined, as to whether the petitioner is validly nominated b the freedom fighter or not. Be that as it may, by now, it is a settled position of law that merely because a claimant is a married daughter of a person, through whom she claims, cannot be a ground for denying an appointment on compassionate ground.

4. Reference in this respect could be made to a judgment of the Division Bench of this Court in W.P. No.1284 of 2011, decided on 1st August, 2011 is concerned. By the same analogy, therefore, it will have to be held that a candidate cannot be denied the benefits of a freedom fighter merely because the candidate is a married daughter of the freedom fighter.

5. In that view of the matter, we allow the petition, direct the respondents that they shall not deny the benefit to the petitioner, as freedom fighter's nominee, only on the ground that she is a married daughter of a freedom fighter. Needless to state that in so far as the question regarding valid nomination of the petitioner by the freedom fighter is concerned, the said issue would be decided by the respondents in accordance with law. Rule made absolute in above terms, with no orders as to costs.