Bombay High Court
Sachin Ashok Chaudhari vs The State Of Maharashtra And ... on 2 December, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
909-wp-5353-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 WRIT PETITION NO.5353 OF 2018
SACHIN ASHOK CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Pawar Ajay D.
AGP for Respondent Nos.1 & 2 : Ms. M.A. Deshpande
...
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, J.J.
DATED : 02nd DECEMBER, 2021
PER COURT:-
1. By this petition, the petitioner has put-forth prayer clause
(B) and (C) as under:
"B. To quash and set aside order dated 08.02.2018 passed
by the respondent No.2 Education Ofcer (Secondary), Zilla
Parishad, Jalgaon thereby rejected the proposal dt.10.10.2017
of petitioner being appointed on compassionate ground as Peon
in respondent No.3 school by issuing Writ of Certiorari or any
other appropriate Writ or directions as the case may be;
C. To direct respondent No.2 Education Ofcer (Secondary),
Zilla Parishad, Jalgaon to grant approval in favour of petitioner
as Peon being appointed on compassionate ground from the
date of his initial appointment i.e. 11.09.2017 and also make the
payment of salary from the date of initial appointment till today
and also in future by issuing Writ of Mandamus or any other
appropriate writ or directions as the case may be;"
2. There is no dispute that the father of the petitioner was a
peon in the confrmed service of respondent no.3 - school and he died
909-wp-5353-2018.odt
while being in service on 12.11.2016. The petitioner fled an
application for compassionate appointment as a peon on 15.12.2016.
The petitioner has acquired the qualifcation of B.A., MS-CIT. As per
the directions of the Education Ofcer dated 06.06.2017, respondent
no.3 - school has passed a resolution appointing the petitioner with
effect from 11.09.2017 as a peon on compassionate basis. The
impugned order indicates that the Education Ofcer declined approval
on the ground that the stafng pattern was not formalized and there
was a ban on recruitment.
3. In the above stated admitted factors, considering the law
laid down by this Court in Smt. Yogita w/o Shivsing Nikam (Writ
Petition No.4219 of 2018) and Sachin Shivajirao Suryawanshi (Writ
Petition No.163 of 2020), vide judgment dated 11.08.2021, the ground
of non-availability of the stafng pattern as well as the ban on
recruitment would not affect the request for appointment on
compassionate basis. The Government Resolution dated 28.10.2015
permitting compassionate appointment even during the ban on
recruitment by restricting such recruitment to the extent of only 10% of
the vacant positions available, would also have no play today as the
ban on recruitment has been lifted and the stafng pattern has also
been arrived at.
4. Nevertheless, the Hon'ble Apex Court has considered the
earlier government resolution restricting such recruitment to the extent
of 5% during the ban on recruitment on compassionate basis and
909-wp-5353-2018.odt
which is followed by the subsequent Government Resolution dated
28.10.2015 increasing the recruitment to 10%, in Yogesh Nagraoji
Ugale Vs. State of Maharashtra, AIR 2019 SC (Supp) 1333.
5. In view of the above and since the impugned order is prior
to the judgment delivered by this Court on 11.08.2021 in Smt. Yogita
and Sachin Suryawanshi (supra), we are not imposing costs on the
Education Ofcer.
6. This petition is allowed in terms of prayer clause (B) and
(C).
7. The Education Ofcer shall issue the order of approval, on
or before 15.12.2021. Thereafter, respondent no.3 - Education Society
shall calculate the difference in salary payable to the petitioner and
submit the same to the Education Ofcer, on or before 10.01.2022.
Such bills would be cleared by the Education Ofcer and by following
the procedure laid down in law, credit the said amount to the account of
the petitioner, on or before 31.01.2022.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.)
Mujaheed//
