Bombay High Court
Smt Snehalata Wd/O Ritesh Pathare vs The State Of Maharashtra Through ... on 28 September, 2016
Bench: V.A. Naik
WP 4102/15 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4102/2015
Smt.Snehalata Wd/o Ritesh Pathare,
Aged about: 38 years, Occu: Nil,
R/o Mecosabag, Christan Colony,
Near Gold Gym, Nagpur. PETITIONER
.....VERSUS.....
1. The State of Maharashtra,
through Secretary Gramvikas,
Mantralaya, Mumbai - 32.
2. The Deputy Director,
Education Department, Nagpur.
3.
Education Officer (Secondary),
Zilla Parishad, Nagpur.
4. The Head Master,
Mecosabag Methodist High School,
Nagpur. RESPONDENTS
Shri G.G. Bade, counsel for the petitioner.
Shri A.A. Madiwale, Assistant Government Pleader for the respondent nos.1 to 3.
None for the respondent no.4.
CORAM :SMT.VASANTI A NAIK AND
KUM. INDIRA JAIN, JJ.
DATE : 28 TH
SEPTEMBER, 2016.
ORAL JUDGMENT (PER : SMT.VASANTI A. NAIK, J.)
RULE. Rule made returnable forthwith. The petition is heard
finally at the stage of admission with the consent of the learned counsel
for the parties.
2. By this writ petition, the petitioner seeks a direction against
the respondents to appoint the petitioner on compassionate ground.
WP 4102/15 2 Judgment
3. The husband of the petitioner was appointed on the
post of Peon in Mecosabagh Methodist High School, Nagpur on
04.08.1992. The husband of the petitioner expired while in service
on 12.11.2011. The petitioner made a representation to the Collector
on 16.04.2012 seeking her appointment on compassionate ground.
A similar representation was made to the Education Officer and
the Headmaster of the school also. However, since there was no
vacancy in Mecosabagh Methodist High School, the petitioner was not
appointed in the said school. It is the case of the petitioner that the
petitioner continuously made representations to the Collector and the
Education Officer seeking appointment but, till date, an order appointing
her is not passed.
4. Shri Madiwale, the learned Assistant Government Pleader
appearing on behalf of the respondent nos.1 to 3, states on instructions
from the Education Officer that after the petitioner made the
representation, her name is included in the waiting list of the applicants,
who could be appointed on compassionate basis. It is stated that
presently, there is a ban on making any sort of appointments in the
schools and as soon as the ban is lifted, the petitioner would be
appointed, as per her turn, in the list maintained by the respondent nos.2
and 3.
WP 4102/15 3 Judgment
5. Shri Bade, the learned counsel for the petitioner, states that
the grievance of the petitioner would stand redressed in view of the
statement made by the learned Assistant Government Pleader on behalf of
the respondent no.3.
6. Hence, by accepting the statement made by the learned
Assistant Government Pleader on behalf of the respondent no.3, that
would be binding on the respondent no.3, we dispose of the writ petition
with no order as to costs. Rule accordingly.
JUDGE JUDGE
APTE
WP 4102/15 4 Judgment
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