Sushilabai Sopan Rathod vs The State Of Mahrashtra And Ors
2016 Latest Caselaw 7169 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
                     BENCH AT AURANGABAD




                                              
                         WRIT PETITION NO. 3812 OF 2011

              Sushilabai Sopan Rathod,




                                             
              Age : 36 Years, Occu. : Nil,
              R/o Plot No. 71, Surewadi,
              Near New Mondha, Aurangabad.             ..    Petitioner




                                     
                       Versus

     1.
                             
              State of Maharashtra,
              Through Secretary for
                            
              Education Department,
              Mantralaya, Mumbai.

     2.       Chief Executive Officer,
      

              Zilla Parishad, Aurangabad.
   



     3.       Education Officer,
              Secondary & Higher Secondary,
              Zilla Parishad, Aurangabad.





     4.       The Secretary/President,
              Vasantrao Naik Shikshan Prasarak
              Mandal, Jalna Road,
              Aurangabad.





     5.       Head Mster,
              Baliram Patil Vidyalaya,
              N-9, CIDCO, Aurangabad.                  ..    Respondents

     Shri Mangesh Jadhav, Advocate h/f Shri Subodh P. Shah, 
     Advocate for the Petitioner.
     Ms. Rashmi P. Gaur, A.G.P. for Respondent Nos. 1 and 3.
     Shri Santosh S. Jadhavar, Advocate for Respondent Nos. 4 and 5.




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                               CORAM : S. V. GANGAPURWALA AND
                                         K. L. WADANE, JJ.

DATE : TH DECEMBER, 2016.

ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

. Rule. Rule made returnable forthwith. Taken up for final hearing with consent of parties.

2. We have heard the learned counsel for the petitioner, the

learned Assistant Government Pleader for respondent/state and the learned counsel for respondent Nos. 4 and 5.

3. The petitioner claims to be the wife of the deceased Sopan

Gulsing Rathod. The deceased Sopan was working with the respondent No. 5/school since 01.06.2004. During his

employment, the husband of the petitioner died. The petitioner is seeking appointment on compassionate ground. It is the case

of the respondent that, as per staffing pattern vacancy does not exist in Class C and D category.

4. Reliance is placed on Government Resolution dated 31 st December, 2002. As per the said Government Resolution, if vacancy does not exist in the school in which deceased was working, then management shall forward the proposal to the Education Officer. The Education Officer on receipt of said proposal shall keep said candidate seeking appointment on

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compassionate ground on the wait list and shall take steps about absorption as per clause 6 of the G. R. dated 31st December, 2002.

5. In the light of the above, the respondent No. 4/institution

shall consider the case of the petitioner and forward the proposal to the respondent No. 3 herein. On receipt of the said proposal, the respondent No. 3 shall keep the petitioner in the wait list and

follow the procedure as laid down in Clause 6 of the G. R. dated

31st December, 2002 expeditiously.

Rule accordingly is made absolute in above terms. No costs.

               Sd/-                                           Sd/-
   



      [ K. L. WADANE, J. ]                     [ S. V. GANGAPURWALA, J. ]


     bsb/Dec. 16