Jyoti Ravindra Wayal vs The State Of Maharashtra And ...
2021 Latest Caselaw 13723 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                    901 WRIT PETITION NO.6373 OF 2018

                       JYOTI RAVINDRA WAYAL
                                 VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                     ...

Advocate for Petitioner : Mr. V.S. Panpatte h/f Mr. Bali Harish S.

AGP for Respondent Nos.1 & 2 : Mr. S.B. Yawalkar ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 23rd SEPTEMBER, 2021

PER COURT:-

1. We had extensively heard the learned counsel for the

respective sides on 16.09.2021. Since this Court has taken a view, in

the light of the judgments delivered by the Hon'ble Apex Court, in it's

judgment dated 11.08.2021 in Writ Petition No.4219 of 2018 fled by

Smt. Yogita Shivsing Nikam Vs. The State of Maharashtra and Others,

we had adjourned this matter to enable the learned AGP to go through

the said judgment and state, whether the law laid down therein would

apply to the case in hand. Today, the learned AGP submits that this

Court has settled the issue that any ban on recruitment or pendency of

the stafng pattern of the non-teaching staf, would not afect the

compassionate appointments.

2. We also fnd that the State of Maharashtra has issued a

Government Resolution dated 15.11.2014 in the light of the order

passed by this Court at the Nagpur Bench in matters of recruitment of

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Safai Kamgar in place of the retiring or deceased parent in the light of

the Lad-Page committee recommendations, wherein the State has

taken a positive stand that the stafng pattern would not apply to such

candidates who have to be appointed as Safai Kamgar on the basis of

the Vashila Paddhat.

3. It is, therefore, obvious that the State of Maharashtra has

carved out certain areas wherein appointments would not be afected

by the stafng pattern.

4. In the case in hand, the husband of the petitioner died on

02.12.2017. The petitioner was rendered a widow at the age of 27

years. She applied for compassionate appointment on 12.01.2018.

Respondent no.3, Educational Society passed a resolution on

14.01.2018 appointing the petitioner on compassionate grounds. By

the order dated 01.02.2018, the Education Ofcer refused to grant

approval on the ground that there was a ban on recruitment of non-

teaching staf and the stafng pattern was yet not formalieed.

5. The petitioner has put-forth prayer clause (B), (C) and (D)

as under:

"B. It may pleased be held and declare that, the Government Resolution dated 12.02.2015 issued by the State Government through its School Education Department imposed and continued the ban on compassionate ground are ultra virus article 14 of the Constitution of India and the same may please be struck down.

C. In the alternate, take place by held and declare that the

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Government Resolution dated 12.02.2015 issued by the State Government through its School Education Department imposing ban on compassionate employment in the aided or unaided school run by the private institution are not applicable, by appropriate writ or direct, as the case may be. D. By writ of certiorari or any other appropriate writ or directions in the like nature, the order dated 01.02.2018 issued by the Respondent No.2 - Education Ofcer (Secondary), Zilla Parishad, Jalna, (Exhibit "H") may kindly be quashed and set aside."

6. Since the Government Resolution dated 12.02.2015

issued by School Education Department does not impose a ban on

compassionate appointments, the learned advocate for the petitioner

does not press prayer clause (B) and (C).

7. In view of the above and the law laid down by this Court in

the judgment dated 11.08.2021 in Smt. Yogita Shivsing Nikam and

Sachin Shivajirao Suryawanshi (supra), this petition is allowed in terms

of prayer clause (D). Consequentially, respondent no.2, Education

Ofcer shall issue the approval to the appointment of the petitioner on

compassionate grounds with efect from 15.01.2018 when she joined

employment with respondent no.3 within three weeks from today.

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




Mujaheed//