Bombay High Court
Jayshri Samadhan Chaudhari And ... vs The State Of Maharashtra And ... on 27 February, 2017
Bench: T.V. Nalawade
1 WP 7532 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No.7532 of 2016
1) Jayshri wd/o Samadhan Chaudhari,
Age 41 years,
Occupation : Housewife.
2) Niraj s/o Samadhan Chaudhari,
Age 24 years,
Occupation: Education
Both R/o Shiv Colony,
Jamner, Taluka Jamner,
District Jalgaon. .. Petitioners.
Versus
1) The State of Maharashtra,
Through Secretary,
Education Department
(Secondary), Mantralaya,
Mumbai - 32.
2) The Deputy Director of Education,
Nashik Division, Nashik.
3) The Education Officer (Secondary)
Zill Parishad, Jalgaon.
4) The President,
Jamner Taluka Education Society,
Jamner, Taluka Jamner,
District Jalgaon.
5) The Secretary,
Jamner Taluka Education Society,
Jamner, Taluka Jamner,
District Jalgaon.
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6) The Head Master,
Nutan Prathamik Vidyamandir,
Jamner, Taluka Jamner,
District Jalgaon. .. Respondents.
----
Shri. S.R. Dheple, Advocate, for petitioner.
Smt. R.P. Gour, Assistant Government Pleader,
for respondent Nos.1 to 3.
Respondent Nos.4 to 6 - served - absent.
----
Coram: T.V. NALAWADE &
SANGITRAO S. PATIL, JJ.
Date: 27 February 2017
ORAL JUDGMENT:
1) Rule, rule made returnable forthwith.
By consent, heard both sides for final disposal.
2) The present petition is filed for giving
directions to the respondents to give appointment
to petitioner No.2 on the post of Clerk on
compassionate ground. Father of petitioner No.2
was working as Assistant Teacher with respondent
Nos.4 to 6. These respondents are duly served but
they have not turned up. The father of petitioner
No.2 died on 12-2-2015. Immediately application
was moved for getting appointment on
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compassionate ground on the aforesaid post by
the petitioner. It is the grievance of the
petitioner that the applications were made on 4-
4-2015 and on 10-3-2016 bot nothing is informed
to the petitioner about the decision taken on the
applications.
3) Learned counsel for the petitioners
produced copy of Government Resolution dated 31
December 2002 which is made applicable to the
cases like the present one. This Government
Resolution shows that when other conditions are
satisfied, the Education Officer is required
to prepare a wait list as per seniority of the
applications and then use the wait list for
giving appointment as per the seniority. Thus
applications received in all the schools within
his jurisdiction are to be considered by him for
preparing the wait list and it is applicable to
the schools receiving grant-in-aid and the
schools which are not receiving grants-in-aid.
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4) As one application was given to the
Education Officer and as it is possible that the
school had not processed the application which
was filed with it when it was bound to do so,
as per the directions given in the aforesaid
Government Resolution, this Court holds that
necessary directions need to be given to the
school and also to the Education Officer.
5) In the result, the petition is allowed.
The respondent Nos.4 to 6 are hereby directed to
process and forward the application given by the
petitioners to the Education Officer and the
Education Officer is to take decision on that
proposal on the basis of the aforesaid Government
Resolution and other relevant Government
Resolutions. It is to be done by the school
within one month from today and then within two
months thereafter by the Education Officer. Rule
made absolute in the aforesaid terms.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (T.V. NALAWADE, J.)
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