Bombay High Court
Smt. Sanju Wd/O Dhanraj Chakole vs Datta Data Shikshan ... on 25 April, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4431/2010
PETITIONER: Smt. Sanju wd/o Dhanraj Chakole,
Aged about 35 years, Occ - Housewife,
R/o, Mu. Rajola, Tah. Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS : 1. Shri Datta Shikshan Bahuuddeshiya Sanstha,
Nagpur, through its President,
Shri Ambarish Gaidhane,
R/o Ayurvedic Layout, Sakkardhara,
Nagpur.
2. The Head Master,
Datta Vidhyalaya, Rajora,
Tah. Kuhi, Distt. Nagpur.
3. Education Officer (Secondary),
Zilla Parishad, Nagpur.
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Shri V.R. Borkar, Advocate for petitioner
Shri A.Z. Jibhkate, Advocate for respondent nos.1 and 2
Mrs. R.A. Deshpande, AGP for respondent no.3
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CORAM : SMT. VASANTI A. NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 25.04.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally with the consent of the learned Counsel for the parties.
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By this writ petition, the petitioner seeks a direction to the
respondents to appoint the petitioner on compassionate ground.
The husband of the petitioner, Shri Dhanraj was working in
the school run by the respondent no.2 and while in service, he died due to
heart-attack on 19.12.2007. As per the Resolutions of the State
Government, the petitioner, the widow of the deceased, applied for
appointment on compassionate ground. The proposal of the petitioner
was sent by the Headmaster to the Education Officer, however, it is the
case of the petitioner that the Education Officer did not do anything in the
matter of appointment of the petitioner. It is stated that the petitioner
should be absorbed in the respondent no.2 - School or any other school as
per the Government Resolution, dated 31.12.2002 that provides that in
the absence of any vacancy in the Class-IV post in the concerned school,
the Education Officer should absorb the dependent in some other school,
where there is a vacancy.
Mrs. Deshpande, the learned Assistant Government Pleader
appearing for the Education Officer submitted that the Education Officer
did not direct the respondent nos.2 and 3 to appoint the petitioner on
compassionate ground in their school as there is no vacancy in the said
school. It is stated that if this Court so directs, in terms of the Government
Resolution dated 31.12.2002, the name of the petitioner could be brought
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on a list that would be maintained by the Education Officer for
forwarding the name of the petitioner to the school in which there is a
vacancy. It it stated that an appropriate order may be passed in the
circumstances of the case.
Shri Jibhkate, the learned Counsel for the respondent nos.1
and 2 states that the respondent nos.1 and 2 would have appointed the
petitioner on compassionate ground but there is no vacancy in the school.
It is stated that there would be no vacancy in a Class-IV post for the next
ten years.
After hearing the learned Counsel for the parties, we find
that the ends of justice could be met if the respondent no.3 - Education
Officer is directed to include the name of the petitioner in the list
maintained by the Education Officer for referring the same to the schools
in which there is a vacancy in a Class-IV post. If no such list is maintained
by the Education Officer, the Education Officer may directly recommend
the name of the petitioner to the school in which there is a vacancy in
Class-IV post, wherein the petitioner could be appointed - absorbed. We
find on a reading of the Government Resolution, dated 31.12.2002 that
when there is no vacancy in the school in which the deceased employee
was working, the Education Officer is duty bound to refer the name of the
dependent of the deceased to the Management of some other school
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where there is a vacancy.
Hence, for the reasons aforesaid, the writ petition is partly
allowed. We hereby direct the respondent no.3 to either place the name of
the petitioner in the waiting list so that the same may be referred to the
Management of the school in which there is a vacancy in a Class-IV post
and/or if no such list is maintained by the Education Officer, directly refer
the name of the petitioner to the Management of some other school,
where there is a vacancy in a Class-IV post. The said exercise should be
done by the respondent no.3 within a period of twelve weeks.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
