Bombay High Court
Shaikh Razaik Ahmed Shaikh Samad vs The State Of Maharashtra And ... on 21 December, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
1 WP / 2502 / 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 WRIT PETITION NO.2502 OF 2020
Shaikh Razaik Ahmed Shaikh Samad
Age - 35 years, Occupation-Nil,
R/o. Hind Nagar, New Mondha, Jalna,
Tq. & Dist. Jalna .. Petitioner
Versus
1] The State of Maharashtra,
Through the Secretary of School Education &
Sports Department, Mantralaya, Mumbai-32.
2] The Education Officer (Secondary),
Zilla Parishad, Jalna
3] The Secretary,
Azim Education and Welfare Society,
Raja Bazar, Aurangabad
4] Mumtaz Girls Urdu High School,
Through its Head Master,
Morandi Mohalla, Old Jalna,
Jalna, Dist. Jalna .. Respondents
...
Advocate for Petitioner : Ms. Ashlesha Kulkarni h/f. Mr. Sudarshan J. Salunke
AGP for Respondents no. 1 and 2 : Smt. M.A. Deshpande
Advocate for Respondents no. 3 and 4 : Smt. A.N. Ansari
...
CORAM : RAVINDRA V. GHUGE
AND
S. G. MEHARE, JJ.
DATE : 21ST DECEMBER 2021
ORAL JUDGMENT (PER - RAVINDRA V. GHUGE, J.) :
1. Rule. Rule made returnable forthwith and heard finally by
consent of the parties.
2 WP / 2502 / 2020
2. The petitioner has put forth prayers at clauses 14-C and
14-D as under :-
"14-C] The Order dated 16/01/2019 passed by the
Learned Education Officer (Secondary), Zilla Parishad,
Jalna thereby rejecting the application of petitioner for
compassionate appointment for the post of Peon may
kindly be quashed and set aside, which is at Exhibit
"E".
D] The respondents may kindly be directed to
consider the application filed by petitioner dated
24/03/2017 and appoint him on compassionate basis,
which is at Exhibit "A"."
3. The mother of the petitioner, who was a Peon with
respondents no. 3 and 4 - Society, passed away on 03-03-2017. The
petitioner moved an application for seeking compassionate appointment
of Peon on 24-03-2017. Respondent no. 4 - Headmaster forwarded the
application of the petitioner to respondent no. 2. By the impugned order
dated 16-01-2019, the Education Officer has treated the application as a
proposal and in a single sentence, observed that 'as the non-teaching
category recruitment is banned by Government resolution dated
06-02-2004, the petitioner cannot be appointed'.
4. This Court has extensively dealt with the following three
common grounds for rejection of compassionate appointments, in
judgment dated 11-08-2021 delivered in the matter of Smt. Yogita W/o
3 WP / 2502 / 2020
Shivsing Nikam Vs. The State of Maharashtra and others (Writ Petition
no. 4219 of 2018) with connected writ petition that:-
a) There is a ban on fresh recruitment or filling up vacant posts,
b) The staffing pattern of the non-teaching category is not formalized,
c) The proposal sent by the management is incomplete / deficient etc.
5. In the above referred judgment, placing reliance upon the
law crystallized by the Honourable Apex Court in the matter of Yogesh
Nagraoji Ugale Vs. State of Maharashtra, 2019 STPL 9892 SC, this
Court has concluded that when it comes to compassionate
appointments in the non-teaching category, the ban on recruitment and
the pendency of the formalization of the staffing pattern, would not be an
impediment. The law has been extensively discussed in this judgment.
6. In the instant case, the management never appointed the
petitioner and, therefore, there was no question of sending a proposal
for approval. What was done by the management, was to simply
forward the application filed by the petitioner for seeking compassionate
appointment, to respondent no. 2.
7. The learned Advocate for the management submits, on
instructions, that as the petition is pending and in view of the order of
the Education Officer, the post of Peon, which fell vacant due to the
demise of the petitioner's mother, is kept vacant.
4 WP / 2502 / 2020
8. In view of the above, this petition is allowed in terms of
prayer clause (C).
9. The management - respondent no. 3 shall appoint the
petitioner on compassionate basis in place of his mother, as a Peon with
respondent no. 4 - school, on or before 15-01-2022 and serve a copy of
the appointment order upon the petitioner. Thereafter, the management
shall forward the proposal to respondent no. 2 - Education Officer, for
passing appropriate orders with regard to approval of such appointment,
on or before 21-01-2022. Upon receipt of such proposal, respondent
no. 2 shall consider the same and pass appropriate orders of granting
approval, on or before 05-02-2022.
10. Rule is made absolute accordingly.
[S.G. MEHARE, J.] [RAVINDRA V. GHUGE, J.]
arp/
