Aparna Vijay Revgade vs The State Of Maharashtra And ...
2022 Latest Caselaw 2367 Bom

                                    1              935- W.P. No. 8211-2021.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                935 WRIT PETITION NO.8211 OF 2021

       Smt. Aparna W/o Vijay Revgade,
       Age : 36 Years, Occ. Service,
       R/o. Hiwargaon Ambre,
       Taluka Akole, Dist. Ahmednagar.             ..PETITIONER

            VERSUS

1.     The State of Maharashtra,
       Through the Principal Secretary,
       School Education Department,
       Mantralaya, Mumbai- 32

2.     The Education Ofcer r Secondary)
       Zilla Parishad, Ahmednagar

3.     Netaji Subhashchandra Bose Gramin
       Vikas Mandal, Dongargaon,
       Tq. Akole, Dist. Ahmednagar
       Through its President.            ..RESPONDENTS

                              ...

Advocate for Petitioner : Mr. S. T. Shelke AGP for Respondents: Mr. M. A. Deshpande ...

CORAM : R. D. DHANUKA & S.G. MEHARE JJ.

DATE : 09.03.2022.

ORAL JUDGMENT (PER R.D. DHANUKA J) :-

Rule. Learned A.G.P. waives service for respondent

Nos. 1 and 2.

2. Learned counsel for respondent No.3 waives service

of notice . Rule is made returnable forthwith.

3. By this petition fled under Article 226 of the

Constitution of India, the petitioner prays for writ of certiorari

for quashing and setting-aside the order dated 9 th August 2019

passed by the Education Ofcer, Zilla Parishad, Ahmednagar,

rejecting the proposal for grant of approval to the appointment

of the petitioner on compassionate basis for the post of peon.

4. The husband of the petitioner who was serving in the

school run by respondent No.3 as peon died on 14.06.2004. The

petitioner has passed 12th Standard and is eligible for the post

of peon. Respondent No.3 passed resolution dated 28.12.2017,

thereby appointing the petitioner on the post of Peon and

submitted proposal to the Education Ofcer, Zilla Parishad,

Ahmednagar on 22nd May 2019 seeking approval to the

appointment of the petitioner on compassionate basis.

5. On 9th August, 2019, the Education Ofcer rejected

the proposal on the ground that appointment of the petitioner

on compassionate basis does not fall in the waiting list of 31 st

December, 2011 as per the Government resolution dated 22 nd

March, 2012. The rejection is also on the ground that there is a

ban on recruitment of non-teaching staf as per Government

Resolution dated 12th February, 2015 and circular dated 8 th

August 2017 issued by the Finance Department.

6. Respondent No.3 has fled afdavit-in-reply stating

that the petitioner is widow of ex-employee of respondent No.3

who was appointed as peon in the school died on 11.10.2017.

The appointment of the petitioner is on the compassionate basis

in place of husband of the petitioner. In paragraph No.2 of the

afdavit it is the stated that respondent No.3 is running one

school namely Netaji Subhashcandra Bose Madhyamik

Vidyalaya at Dongargaon Tq. Akole, District Ahmednagar. The

case of the petitioner for compassionate appointment is the frst

case of the school and therefore there is no necessity to

maintain any waiting list of the applicants desiring

compassionate appointment.

7. The learned counsel for the petitioner submits that

the reasons recorded in the impugned order by respondent No.2

are totally perverse and contrary to the factual position and the

law laid down by this Court in catena of decisions. He submits

that no Government resolution imposing any ban on the

appointment of any employee would apply to any appointment

made on compassionate basis. The learned counsel for the

petitioner relied on the Judgment of this Court dated 7 th

September, 2020 in in the case of Buldana Education Society,

Buldana and another Versus State of Maharashtra and others

in the Writ Petition No. 6187 of 2019 and would submit that the

said Judgment would clearly apply to the facts of this case

holding that in case of compassionate appointment, the post

occupied by the employee, who expired, was already

sanctioned, the question of sanction approving of the same

again by way of approval of the stafng pattern does not arise.

Insofar as the issue of ban in recruitment is concerned, the

same applies to creation of new post and not otherwise. There

was no waiting list of the applicant in the School run by the

respondent No.3. The said G.R relied upon by the respondents

does not apply to appointments made on compassionate basis.

8. In our view the impugned order is contrary to the

principles of law laid down by this Court in catena of the

decisions including decision of this Court in the case of

Buldhana Education Society rsupra) and thus deserves to be

quashed and set aside. We accordingly pass the following

order.

9. Writ Petition is allowed in terms of prayer clause 'B'

10. The Education Ofcer, Zilla Parishad, Ahmednagar is

directed to grant approval to the post of the petitioner within

two weeks from today without fail.

11. The petitioner would be also entitled for all

consequential beneft including payments which shall be

released in favour of the petitioner within four weeks from the

date of granting approval. The name of the petitioner shall also

be included in Salarth Pranili within four weeks from the date

of granting approval.

Rule is made absolute . No order as to costs.

The parties shall act on the authenticated copy of this

order.

         (S.G. MEHARE J.)               ( R.D. DHANUKA J. )

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