President/Secretary, Sardar ... vs State Of Maha., Thr. Secy., ...
2023 Latest Caselaw 4106 Bom

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

                            WRIT PETITION NO.746 OF 2023


1. President/Secretary
   Sardar Vallabh Bhai Patel Smarak Shikshan
   Samittee, Lonar, Tq. Lonar, Dist. Buldhana

2. Head Master,
   Sardar Vallabh Bhai Patel High School,
   Lonar, Tq. Lonar, Dist. Buldhana

3. Ravi S/o Digambar Ghuge,
   Age 22 years, Occu. Peon,
   R/o Raigaon, Tq. Lonar, Dist. Buldhana                     ... Petitioners

-vs-

1. The State of Maharashtra,
   Through its Secretary,
   Ministry of School Education,
   Mantralaya, Mumbai-32

2. Deputy Director of Education,
   Amravati region, Amravati

3. Education Officer (Secondary),
   Zilla Parishad, Buldana                                    ... Respondents

Shri S. M. Awachar, Advocate for petitioners.
Shri A. S. Fulzele, Additional Government Pleader for respondents.

                    CORAM : A. S. CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE : April 24, 2023.

Oral Judgment : (Per : A. S. Chandurkar, J.)

Rule. Rule made returnable forthwith and heard the learned

counsel for the parties.

The petitioner No.3 has been appointed on compassionate basis on

01/01/2022. Thereafter petitioner Nos.1 and 2 had made a proposal seeking

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approval to the appointment of petitioner No.3 which came to be rejected on

03/03/2022 on the ground that there was a ban on recruitment. Being

aggrieved, the petitioners have challenged the said rejection.

2. The learned counsel for the petitioners submits that in view of the

Circular dated 14/09/2022 the State Government has clarified the matter by

stating that appointment on compassionate basis does not result in filling a

new sanctioned post and such appointment is made on an existing post. The

request for approval to such appointment ought to be considered in this

backdrop. It is therefore submitted that the Education Officer (Secondary) is

not justified in rejecting the proposal in question.

3. The learned Additional Government Pleader for the respondents

submits that the reason for rejection of the proposal has been mentioned in the

impugned order. Reference therein has been made to Government Resolutions

dated 23/10/2013, 28/01/2019 and 07/03/2019. Hence rejection of the

proposal is for reasons stated.

4. On hearing the learned counsel for the parties, we find that the

matter has been clarified by the Circular dated 14/09/2022 which indicates

various relevant aspects that have to be taken into consideration while

considering a request for grant of approval to an appointment made on

compassionate basis. This includes the aspect that the appointment made on

compassionate basis is not an appointment on a newly sanctioned post.

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Since this Circular has been issued after passing of the impugned order, the

interests of justice would be served by directing the respondent No.3 to re-

consider the petitioners' proposal dated 24/01/2022 by taking into account the

Circular dated 14/09/2022.

5. For aforesaid reasons, the order dated 03/03/2022 passed by

respondent No.3- Education Officer (Secondary) Zilla Parisahd, Buldana is set

aside. He shall consider the petitioners proposal dated 24/01/2022 by taking

into consideration Circular dated 14/09/2022. It is clarified that this Court

has not examined the merits of the proposal and the decision shall be taken in

accordance with law within a period of four weeks from receipt of copy of this

judgment. To facilitate consideration of said proposal, the representative of

the petitioners shall appear before the Education Officer (Secondary) on

02/05/2023.

Rule is made absolute in aforesaid terms with no order as to costs.

             (M. W. Chandwani, J.)                   (A. S. Chandurkar, J.)




Asmita