Chaya Parmeshwar Jige vs The State Of Maharashtra And ...
2021 Latest Caselaw 14781 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                         WRIT PETITION NO.292 OF 2018

                       CHAYA PARMESHWAR JIGE
                               VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS

Mr.S.S.Tope, Advocate for the petitioner.
Mr.S.B.Yawalkar, AGP for respondent Nos. 1 and 2.

Mr.V.U.Pawar, Advocate for respondent Nos. 3 and 4.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ)

DATE : OCTOBER 8, 2021

PER COURT :

1. By this petition, the petitioner/widow is before this Court setting

forth prayer clause "B" and "C" as under :-

"B. This Hon'ble Court by issuing writ of certiorari or any other writ in

the like nature may kindly quashed and set aside the impugned order

dated 09.11.2017 issued by respondent No.2 thereby rejected the

proposal for individual approval of appointment of petitioner

forwarded by respondent No.4.

C. This Hon'ble Court by issuing writ of mandamus or any other writ in

the like nature may kindly direct the respondent No.2 to accord the

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approval to the appointment of petitioner as per the proposal

forwarded by respondent No.4."

2. There is no dispute that the husband of the petitioner was a Peon

in regular employment with respondent Nos. 3 and 4. He died while in

service on 03/04/2015. On 01/06/2015, respondent No.4 issued an

appointment order thereby inducting the petitioner in service as a Peon

in the Secondary High School on compassionate basis. It is equally

undisputed that, respondent No.2 / Education Officer has refused to

grant approval to the service of the petitioner on the ground that the

staffing pattern for the non teaching category was not formalized.

3. By a judgment delivered recently by this Court on 11/08/2021, in

WP No.4219/2018 filed by Smt.Yogita Nikam Vs. State of Maharashtra

and others, this Court has dealt with the issue of ban on recruitment,

pending staffing pattern or that compassionate appointment cannot be

made without following the process of recruitment etc, as being

inapplicable to the appointment on compassionate basis. Reliance has

been placed on the judgment delivered by the Hon'ble Apex Court in

the matter of Yogesh Nagraoji Vs. State of Maharashtra [2019 STPL

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9892 SC].

4. Considering the crystallized position of Law, this petition is

allowed in terms of prayer clause "B" and the impugned order stands

quashed and set aside.

5. Respondent No.2 shall issue the order of approving the

appointment of the petitioner w.e.f. 01/06/2015 on or before

30/10/2021. She would be entitled to all consequential monetary

benefits. As the school is grant-in-aid, the Education Officer shall

calculate the arrears of the dues payable to the petitioner and ensure

that such payment is made through the salary grants on or before

30/11/2021.

     ( S.G. MEHARE, J. )                       ( RAVINDRA V. GHUGE, J. )




khs/Oct. 2021/292-d