Bombay High Court
Smt. Neeta Wd/O. Anilkumar ... vs Gram Vikas Shikshan Sanstha, ... on 19 September, 2016
Bench: V.A. Naik
1909wp4652.15-Judgment 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4652 OF 2015
PETITIONER :- Smt.Neeta wd/o Anil Kumar Lilhare, Aged
about 26 years, Occupation : Household,
R/o. At Post Pandhrabodi, Gondia, Tah. and
District Gondia.
...VERSUS...
RESPONDENTS :-
ig 1) Gram Vikas Shikshan Sanstha, Amgaon,
Tah. Amgaon, District Gondia, Through its
Secretary / President.
DELETED 2) Aided Ashram School, Pandrabodi, Tah. And
District Gondia, through its Head Master.
3) The State of Maharashtra, Through its
Secretary, Tribal Development Department,
Mantralaya, Mumbai-32.
4) The Commissioner, Tribal Development,
Maharashtra State, Nashik, Dist. Nashik.
5) The Project Officer, Integrated Tribal
Development Project, Deori, Tah. Deori,
District Gondia.
---------------------------------------------------------------------------------------------------
Mr.S. D. Chande, counsel for the petitioner.
Mr.H.K.Pande, counsel for the respondent No.1.
Ms Tajwar Khan, Asstt.Govt.Pleader for the respondent Nos.3 to 5.
---------------------------------------------------------------------------------------------------
CORAM : SMT. VASANTI A NAIK,
KUM.INDIRA JAIN, JJ.
DATED : 19.09.2016
1909wp4652.15-Judgment 2/5
O R A L J U D G M E N T (Per Smt. Vasanti A Naik, J.)
Rule. Rule made returnable forthwith. The writ petition
is heard finally with the consent of the learned counsel for the parties.
2. By this writ petition, the petitioner seeks a direction to the
respondents to consider the application of the petitioner for
compassionate appointment in the respondent No.2-Ashram School or
any other Ashram School under the supervision of the respondent Nos.4
and 5.
3. The respondent No.1-Society secured permission for
starting an Ashram School and the respondent No.2-Ashram School was
started in Gondia District in the year 1999. The husband of the
petitioner was appointed as a Peon in the Ashram School on
02/08/2008 and his services were approved. The husband of the
petitioner expired in an accident on 15/02/2015 and immediately after
his death, the petitioner, who has a minor child to rear, applied for
appointment on a compassionate ground. After making the said
application, the petitioner has filed the instant petition seeking the
aforesaid relief.
4. Shri Chande, the learned counsel for the petitioner,
submitted that in view of the Government Resolution, dated
31/12/2002, it would be necessary for the State Government to appoint
1909wp4652.15-Judgment 3/5
the petitioner either in the Ashram School in which the husband of the
petitioner was working or in some other Ashram School in which there
is a vacancy. It is stated that since the respondent No.2-Ashram School
is de-recognised, it would be necessary for the respondents to appoint
the petitioner in some other Ashram School on compassionate ground.
It is stated that it would be necessary for the respondents to adhere to
the policy as laid down in the Government Resolution, dated
31/12/2002 and appoint the petitioner in any other Ashram School
where there is a vacancy.
5. Since we had called upon the respondent Nos.3 to 5 to
make a statement as to whether there was a vacancy in any other
Ashram School, the respondent No.5 has filed an affidavit-in-reply and
it is stated in the affidavit-in-reply that presently, there is no vacancy in
any of the 23 Ashram Schools that fall within the jurisdiction of the
respondent No.5, the Project Officer, Integrated Tribal Development
Project. It is stated that in the absence of any vacancy, the petitioner
cannot be appointed.
6. On hearing the learned counsel for the parties and on a
perusal of the Government Resolution, dated 31/12/2002, it would be
necessary to direct the respondent Nos.3 to 5 to consider appointing the
petitioner on compassionate ground in any of the Ashram School, where
there is a vacancy. Since there is no vacancy in the 23 Ashram Schools,
that fall within the jurisdiction of the respondent No.5, as on date, the
1909wp4652.15-Judgment 4/5
respondent Nos.3 to 5 are directed to consider appointing the petitioner
on compassionate ground, as per her turn, as soon as a vacancy arises in
any of the Ashram Schools, in future. Rule is made absolute in the
aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
1909wp4652.15-Judgment 5/5
C E R T I F I C A T E
I certify that this Judgment uploaded is a true and correct copy of
original signed Judgment.
Uploaded by : G.S.Khunte, Uploaded on : 21/09/2016
P.A.to Hon'ble Judge
