Bombay High Court
Surekha @ Vaidya Wd/O Ramchandra ... vs The State Of Maharashtra & 5 Ors on 12 July, 2017
Bench: Ravi K. Deshpande
wp.629.02
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 629/2002
* Surekha @ Vidya wd/o Ramchandra Lonarkar
Aged about 32 years, occu: presently Nil
C/o Shankarrao Mesram House
Zenda Chowk, Takiya, Dhantoli
Nagpur. ..PETITIONERS
VERSUS
1) The State of Maharashtra
Department of Education
Sachivalaya annex
Mantralaya, Mumbai -32
Through its Secretary
2) The Director of Education
State of Maharashtra
Pune-1.
3) The Dy. Director of Education
Sitabuldi Tea Point
Nagpur.
4) The Education Officer
Zilla Parishad (Secondary)
Nagpur.
5) The President/Secretary
Nagpur Education Society
C/o Sule High School,
Dhantoli, Nagpur.
6) The Headmaster
Sule High School
Dhantoli, Nagpur. ..RESPONDENTS
.
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None for the petitioner
Mrs.Geeta Tiwari, Asst. Government Pleader for respondent no.1
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 12 th
July, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
The petitioner seeks a direction to the respondents to pay
death-cum-retirement benefits of her husband late Ramchandra
Lonarkar, along with interest. The petition also claims a direction to the
respondents to appoint the petitioner on compassionate ground in Class
IV post.
2. In the return filed by the respondents, it is stated in
paragraph 4 as under:
" It is humbly submitted that the respondent-management
No.5 is a competent authority for appointment of teaching and
non-teaching staff in their school. The respondent No.6-School
is on 100% grant-in-aid. This respondent is only concerned with
granting approval to the staff according to the Rule. The
husband of the petitioner was working as a peon from 7.5.1974
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and died on 9.8.1999 after his death the petitioner has made
representation to the respondent-Management for appointment
on compassionate ground but the management has not
considered the same."
3. None appears for the petitioner. According to the
respondents, the entire payment has been made to the petitioner. So far
as the relief of employment on compassionate ground is concerned
though it is the stand of the respondent-Education Officer that the
petitioner was entitled to be provided appointment on compassionate
ground, the respondent, a private Management, appointed one Shri
M.M. Bidwaik on the post of Peon with effect from 08.09.1999. This
appointment was approved by the Education Officer on 02.12.1999.
However subsequently, the approval was revoked and, therefore, Shri
Bidwaik filed Writ Petition No.785/2000 that has been allowed and
accordingly, the approval was granted to the appointment of Shri
Bidwaik.
4. In view of the aforesaid facts and circumstances, in the
absence of Shri M.M. Bidwaik being joined as a party-respondent in the
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petition, it is not possible for us to grant relief to the petitioner for
providing appointment on compassionate ground. The question of
release of monetary benefits is concerned, we have recorded the
statements in the return made by the respondent no.4 and we find that
the claim of the petitioner is satisfied.
5. in the result, the Writ Petition is dismissed.
JUDGE JUDGE
sahare
