Shyamrao Sadhuji Gedam vs Savitribai Fule Shikshan Sanstha ...
2016 Latest Caselaw 6156 Bom

                                                           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
   



                                       -----------------
    Shri  A.R. Chutake, Assistant Government Pleader for the respondent no.3.





                                       ----------------


                                              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

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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

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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