1 wp4910.05
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4910 OF 2005
Shyamrao Sadhuji Gedam,
aged about major, r/o c/o
Kashyap Ganvir, near Panchsheel
Budha Vihar, Panchsheel Nagar,
Nagpur - 17. ... Petitioner
- Versus -
1) Savitribai Fule Shikshan Sanstha,
Nagpur, through its Secretary,
C/o Head Master, Panchasheel
High School, Vaishali Nagar,
Nagpur - 17.
2) Panchasheel High School, Vaishali
Nagar, Nagpur, through its Head
Master.
3) Education Officer (Secondary),
Zilla Parishad, Nagpur. ... Respondents
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Shri A.R. Chutake, Assistant Government Pleader for the respondent no.3.
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CORAM : SMT. VASANTI A NAIK AND
KUM. INDIRA JAIN, JJ.
DATED : OCTOBER 18, 2016 ORAL JUDGMENT (PER SMT. VASANTI A NAIK , J.) :
By this writ petition, the petitioner seeks a direction against the respondent nos.1 and 2 to appoint him on the post of Peon on ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:03:12 ::: 2 wp4910.05 compassionate ground.
The father of the petitioner was an employee of the respondent no.1 Sanstha and was working as a Peon when he was declared unfit for his duties in the year 1996. The father of the petitioner expired in the year 1997. The petitioner applied for appointment on a compassionate ground. It is the case of the petitioner that though the Education Officer directed the respondent nos.1 and 2 to appoint him on compassionate ground, the respondent nos.1 and 2 failed to appoint him.
According to the petitioner, instead of appointing him on compassionate ground, the respondent nos.1 and 2 appointed Shri Ajay Nandgawali on compassionate ground. It is stated that the petitioner and Shri Nandgawali were heard by the Education Officer along with the Management and though the Education Officer held that Shri Nandgawali could not be appointed on compassionate ground, the respondent nos.1 and 2 did not remove Shri Nandgawali from the post of Peon. The petitioner has, therefore, filed the present writ petition in the year 2005 seeking a direction against the respondent nos.1 and 2 to appoint him on the post of Peon by removing Shri Nandgawali from the said post.
In the circumstances of the case, the relief sought by the petitioner cannot be granted. The object of granting compassionate appointment is to provide some succor to the dependents of the employee, who is either rendered unfit or who dies in harness. The father of the petitioner had expired in the year 1997. Though the petitioner was not ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:03:12 ::: 3 wp4910.05 appointed in the respondent no. 2 School after the death of his father, the petitioner did not file a writ petition or any other proceedings till the present writ petition was filed in the year 2005. The petitioner as well as Shri Nandgawali had applied for the post of Peon on compassionate ground. The appointment of Shri Nandgawali on the post of Peon was made in the year 2004. If that be so, in the circumstances of the case, a direction cannot be issued in the year 2016 against the respondent nos.1 and 2 to remove Shri Nandgawali from the post of Peon and appoint the petitioner on the said post. The cause of action for filing the writ petition is rendered infructuous due to passage of time. The petitioner must be considerably old as on this date. Also, the respondents have disputed that the petitioner is a legal representative of the employee of the respondent nos.1 and 2, who expired on 10/12/1997. Also, it is stated in the affidavit of the respondent nos.1 and 2 that the wife of the employee of the respondent nos.1 and 2, who died in the year 1997, was working in the same School.
In the aforesaid set of facts, the writ petition is liable to be dismissed. Hence, we dismiss the writ petition with no order as to costs.
Rule stands discharged.
JUDGE JUDGE
khj
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