Premkumar S/O Yashwant Bhelave vs State Of Maharashtra Through ...
2022 Latest Caselaw 9248 Bom

WP 3523-2019                                  1                       Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                  WRIT PETITION NO. 3523 OF 2019

Premkunar s/o Yashwant Bhelave,
Aged about 34 years, Occ. Nil,
R/o Mhasgaon, Tah. Goregaon,
District - Gondia.
                                                                  PETITIONER
                                .....VERSUS.....
1.   State of Maharashtra,
     through its Secretary, School Education and Sports Department,
     Mantralaya, Mumbai.

2.   The Education Officer (Secondary),
     Zilla Parishad, Gondia.

3.   Goregaon Education Society, Goregaon,
     Through its Secretary,
     R/o At & Post Goregaon, Tah. Goregaon, District - Gondia.

4.   The Head Master,
     Swatantra Sangram Senani Shri Pannalalji Dube High School,
     Mhasgaon, at and Post - Mhasgaon, Tah. Goregaon, District - Gondia.
                                                             RESPONDENTS

                 Shri I.N. Choudhari, Advocate for the petitioner.
 Shri A.S. Fulzele, Additional Government Pleader for respondent Nos. 1 and 2.



CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.

DATE : SEPTEMBER 14, 2022 ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

In view of notice for final disposal issued earlier, we have

heard the learned Counsel for the parties by issuing Rule and making it

returnable forthwith.

WP 3523-2019 2 Judgment

2. The father of the petitioner was serving on the post of

'Attendant' at the respondent No.4 - School run by respondent No.3 -

Society. He expired on 14/2/2016 in harness. The petitioner made an

application for grant of appointment on compassionate basis on

6/3/2017. The Education Officer (Secondary) was pleased to reject the

request for appointment on compassionate basis on two counts namely

that there was a ban on recruitment in view of the Government

Resolution dated 12/2/2015 and that the staffing pattern for the non-

teaching staff was yet to be finalized.

Being aggrieved, the petitioner has challenged the aforesaid

rejection.

3. We have heard the learned Counsel for the petitioner as well

the learned Additional Government Pleader for respondent Nos. 1 and 2.

It is seen that both the grounds on which the request for grant of

appointment on compassionate basis has been refused are held to be not

applicable by various decisions of this Court. In Yogita w/o Shivsing

Nikam Vs. State of Maharashtra and others [2022(2) Mh.L.J. 370], a

similar challenge was considered by the Division Bench wherein

appointment on compassionate basis was refused for the reason that there

was a ban on recruitment in view of the Government Resolution dated WP 3523-2019 3 Judgment

12/2/2015 and that the staffing pattern for non-teaching post was to be

finalized. It has been held that these reasons cannot be the proper reasons

for refusing grant of appointment on compassionate basis. We find that

the aforesaid position has been considered and decided in the said

decision. On that ground, the rejection of the request for appointment on

compassionate basis is liable to be set aside.

4. In paragraph 8 of the affidavit-in-reply filed by respondent

No.2, it has been stated that at present, there is no vacant post available

at respondent No.4 - School since promotion has been given to a Peon on

the post of Junior Clerk. Even if there is no vacant post available at

respondent No.4 - School, the Education Officer (Secondary) can include

the name of the petitioner in the waiting list of the candidates seeking

appointment on compassionate basis in terms of the Government

Resolution dated 31/12/2002.

5. In view of aforesaid and for the reasons recorded in the

decision in Yogita w/o Shivsing Nikam (supra), the order dated

11/10/2018 passed by respondent No.2 is set aside. It is directed that the

name of the petitioner shall be included in the waiting list of the

candidates seeking appointment on compassionate basis. As and when the

petitioner becomes entitled for such appointment, necessary steps shall be WP 3523-2019 4 Judgment

taken in that regard.

6. Rule is made absolute in the aforesaid terms. No costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:14.09.2022 17:31