Anil L. Pansare, J.

1. Heard Mr. Kshirsagar, learned Counsel for the Petitioner, Mr. Madiwale, learned Assistant Government Pleader for the Respondent No. 1 and Mr. Dixit, learned Counsel for the Respondent No. 2.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3. By this Petition, the Petitioner is seeking direction against the Respondent No. 2-Zilla Parishad, Gondia to restore his name as per the seniority in the wait list seeking compassionate appointment.

4. The father of the Petitioner Shri Shyamlal Maharaji Jamkate was working as Assistant Veterinary Officer with the Respondent No. 2-Zilla Parishad, Gondia. He expired in harness on 13/1/2007. Thereafter on 21/8/2007 the Petitioner's mother made an application seeking compassionate appointment. The Petitioner was minor at that time. After becoming major, he applied for compassionate appointment with a request to replace his name in place of his mother. His request was accepted and his name was included in the wait list prepared for compassionate appointment. The Respondent No. 2, however, removed his name from the wait list in view of the Government Resolutions dated 20/5/2015 and 21/9/2017. The name of the Petitioner's mother was restored in the wait list.

5. The controversy, in short is that, once the name of the Petitioner having been included in wait list, can his name be removed.

6. Mr. Kshirsagar, learned Counsel for the Petitioner has relied upon the judgment dated 7/10/2020 passed by the Co-ordinate Bench of this Court in Writ Petition No. 2014/2019 (Sumit Bhojraj Kamde & Ors. V/s The State of Maharashtra & Ors.), wherein the Co-ordinate Bench has held that the names which were substituted prior to the Government Resolution dated 20/5/2015 cannot be removed from the wait list by giving retrospective effect.

7. Upon enquiry made by the Court as to how the name of the Petitioner has been removed, learned Counsel for the Respondent No. 2 submits that his name was mistakenly included, and therefore, his name came to be removed and the name of his mother was restored.

8. The learned Counsel for the Petitioner has drawn our attention to the pleading made in the Petition that his name was inserted in the wait list prior to the Government Resolution dated 20/5/2015. The facts so pleaded has not been rebutted by the Respondent No. 2. If that be so, the Petitioner's case will be covered by the law laid down in the case of Sumit Bhojraj Kamde (cited supra). The name of the Petitioner could not be removed by giving retrospective effect to the Government Resolution dated 20/5/2015 and by applying same analogy, by relying on Government Resolution dated 21/9/2017. That apart, the Co-ordinate Bench of this Court in Writ Petition No. 3492/2020 (Santosh s/o. Sukhdeo Metkar V/s Sub Divisional Engineer, Zilla Parishad, Dharni) has held that once the name of a person is included in the wait list after considering the record, deletion of the name is illegal and arbitrary.

9. There is no dispute that the name of the Petitioner has been included after considering the record. In the circumstances, we find that the issue has already been answered by the Co-ordinate Bench in Writ Petition Nos. 2014/2019 and 3492/2020. The Respondents have not placed before us any material to take a contrary view in the matter or to show that the law laid down in the said Writ Petition will not be applicable to the present case. Mere statement that the name has been included inadvertently will not suffice, when the Petitioner has categorically pleaded that the Respondent No. 2 on 1/1/2019 called upon the Petitioner to submit documents for verification and was again called on 10/3/2021 for verification of documents and that after considering the documents his name has been included in the final wait list on 11/8/2021.

10. In the result, we hold that the Petitioner is entitled to get his name restored in the wait list prepared by the Respondent No. 2. The letter dated 25/8/2021 removing his name from the wait list is, therefore, liable to be quashed and set aside, being erroneous. We, accordingly, proceed to pass the following order.

"ORDER

(i) Writ Petition is allowed.

(ii) The letter dated 25/8/2021 is hereby quashed and set aside.

(iii) It is directed that the name of the Petitioner shall be restored in the wait list that was published in terms of the notice dated 11/8/2021 having old wait list No. 353.

(iv) The Petitioner's case for appointment on compassionate ground, shall, however, be considered in accordance with law."

11. Rule is made absolute in aforesaid terms. No costs.