Smt. Usha Vijay Mativadda vs The State Of Maharashtra Through ...
2021 Latest Caselaw 13254 Bom

Tauseef                                               14.1-WP.3977.2019.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO.3977 OF 2019


Smt. Usha Vijay Mativadda                       ...Petitioner
             V/s.
The State of Maharashtra & Ors.                 ...Respondents


Mr. Prashant Bhavake, Advocate for Petitioners.
Mr. Umesh H. Pawar, Advocate for Respondent Nos.6 and 7.
Mr. N. K. Rajpurohit, AGP for Respondent Nos.1 to 5.


                        CORAM       : R. D. DHANUKA, AND
                                      ABHAY AHUJA, JJ.

                        DATE        : 16th SEPTEMBER, 2021.
P.C. :

1. The short controversy involved in this Petition is whether

Government Resolution dated 2nd May 2012 would apply to the

appointments made on compassionate ground or not.

2. Rule. Mr. Rajpurohit, learned AGP for Respondent Nos.1 to 5

and learned counsel for Respondent Nos.6 and 7 waives service. By

consent of learned counsel for the respective parties, Petition is heard

finally.

3. It is not in dispute that the Petitioner was appointed on

compassionate ground due to the demise of the husband of the Petitioner

in the Respondent No.6-Institution on 4th March 2009. The Headmaster of

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Respondent No.7-School submitted a proposal for approval to the said

appointment to the Education Officer. The Education Officer vide Order

dated 7th May 2017 refused to grant the approval on the ground that there

was ban on recruitment vide Government Resolution dated 2nd May 2012.

4. In catena of decisions of this Court, it has been already held that

the Government Resolution dated 2nd May 2012 does not apply to the

appointment made on compassionate basis. The latest Judgment on this

issue is delivered by this Court on 30 th July 2021 in case of Sunil Gundu

Desai V/s. State of Maharashtra & Others in Writ Petition No.4673 of

2019 and the Judgment delivered by this Court in case of Vivek Shankar

Kore V/s. The State of Maharashtra & Others in Writ Petition No2350 of

2020. These Judgments apply to the facts of this case. The impugned

Order is contrary to the view taken by this Court and thus deserved to be

quashed and set aside. Mr. Rajpurohit, learned AGP for the Respondent

Nos.1 to 5, though tried to distinguish the Judgments of this Court in case

of Sunil Gundu Desai V/s. State of Maharashtra & Others (supra) could

not distinguish.

5. We, therefore passing the following Order :-

(a). Writ Petition is made absolute in terms of prayer clause

(b).

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                       Tauseef                                                 14.1-WP.3977.2019.doc

(b). It is, however, made clear that the approval shall be

granted within four weeks from today and the grant-in-

aid accordingly from the date of initial date of

appointment shall be granted within four weeks

thereafter.

(c). Writ Petition is allowed in the aforesaid terms. Rule is

made accordingly. No Order as to costs.

(d). All the parties to act on the authenticated copy of this

order.

(ABHAY AHUJA, J.) (R. D. DHANUKA, J.)

Digitally signed by TAUSEEF TAUSEEF LAIQUEE LAIQUEE FAROOQUI FAROOQUI Date:

2021.09.20 18:39:18 +0530

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