Bombay High Court
Rohini Yuvraj Patil vs The State Of Maharashtra And ... on 27 February, 2017
Bench: T.V. Nalawade
1 WP 10249 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 10249 of 2016
* Rohini d/o Yuvraj Patil,
Age 32 years,
Occupation: Household,
R/o Plot No.15, Vinod Nagar,
Deopur, Dhule,
Taluka and District Dhule. .. Petitioner.
Versus
1) The State of Maharashtra,
Through Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
2) The Education Officer (Secondary),
Zilla Parishad, Dhule,
Taluka and District Dhule.
3) Shri Shivaji Vidya Prasarak
Sanstha, Dhule,
Taluka and District Dhule
Through its Chairman.
4) Chhatrapati Shivaji High School
and Junior College, Dhule,
Taluka and District Dhule
Through Principal. .. Respondents.
----
Shri. Shailesh P. Brahme, Advocate, for
petitioner.
Shri. S.B. Joshi, Assistant Government Pleader,
for respondent Nos.1 and 2.
Shri. Y.P. Deshmukh, Advocate, for respondent
Nos.3 and 4.
----
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2 WP 10249 of 2016
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 petition is filed for giving
directions to the respondent Nos.3 and 4 for
processing the application filed by the present
petitioner for getting appointment as a teacher
on compassionate ground. Both the sides are
heard.
3) The submissions made show that the
father of the petitioner was Assistant Teacher
with respondent No.3 and 4. He died while in
service on 2-8-2011. Application for getting
appointment on compassionate ground was made by
the petitioner, daughter of the deceased on 10-9-
2011. She is M.A.B.Ed and married. It is her
grievance that the employer is not processing the
3 WP 10249 of 2016
matter and due to that she does not know as to
where she stands. The learned counsel for the
petitioner has placed reliance on various
Government Resolutions and particularly the
Government Resolutions dated 26 February 2013
and 17 November 2016 showing that even married
daughter can be considered for giving appointment
on compassionate ground.
4) Learned counsel for the employer
produced on record a copy of wait list prepared
by the institution. He submitted that, the
present petitioner will be standing at Sr. No.22
as there were already many applications pending
with the institution. The submission made do not
show that the matters were processed and any
seniority list is prepared by the Education
Department. The matter needs to be processed so
that the Education Officer comes to know about
such claims and the entitlement of the claimants.
As such process is not done, this court holds
directions need to be given to the respondent
4 WP 10249 of 2016
Nos.3 and 4 to process the matter, send it to the
Education Officer. In turn, the Education Officer
is to take decision on the entitlement and take
further steps as per the relevant Government
Resolutions.
5) In the result, the petition is allowed.
Direction is given to respondent Nos.3 and 4 to
process the matter of the petitioner. This
process is to be done within one month from today
and the decision is to be taken by the Education
Officer within two months thereafter. Rule made
absolute in those terms.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (T.V. NALAWADE, J.)
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