Smt. Asha Wd/O. Vikram Patil vs The State Of Maharashtra Thru The ...
2021 Latest Caselaw 6394 Bom

                                                          907-wpst-26340-2019




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                   WRIT PETITION (ST) NO.26340 OF 2019

 Smt.Asha Wd/o Vikram Patil                  ...Petitioner
        V/s.
 The State of Maharashtra
 Through The Secretary,
 School Education Dept. & Ors.               ...Respondents
                              ----
 Mr.N.V. Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar for the
 Petitioner.
 Mrs.P.J. Gavhane, AGP for Respondent Nos.1 and 2-State.
 Mr.Mahesh Chitnis a/w Noni Joysar and Nidhi Darge i/b Chitnis
 Vaithy for Respondent Nos.3 and 4.
                              ----
                        CORAM : NITIN JAMDAR AND
                                   C. V. BHADANG, JJ.

DATE : 9 April 2021 (Through Video Conferencing)

P.C.

. The grievance of the Petitioner is that the proposal is pending from the year 2013 for approval to the appointment of the Petitioner on compassionate basis is not being decided. Reply-affidavit is filed by the Education Officer, on 15 September 2020 stating that the decision would be taken within six weeks. The learned counsel for the Petitioner states that decision is still not taken and in the reply there is a reference to the ban on

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907-wpst-26340-2019

recruitment. The learned counsel for the Petitioner submits that this Court has already laid down that such ban would not apply to appointments on compassionate basis and the judgments of the Court are annexed to the rejoinder.

2. We direct the Education Officer to take a decision on the pending proposal of the Petitioner within a period of six weeks from today. The Education Officer while passing the order will refer and deal with the decisions of this Court which are annexed to the rejoinder and relevant subsequent Government Resolutions.

3. Stand over to 25 June 2021, subject to the SOP governing the adjourned date regarding prioritization of the cases to be listed.

   (C. V. BHADANG, J.)                          (NITIN JAMDAR, J.)




    N.S. Kamble                                                     page 2 of 2