Bombay High Court
Shri Naryan Maruti Shendage vs The State Of Maharashtra Thr The ... on 4 December, 2023
Author: A.S. Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:36499-DB
18-wp-3082-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3082 OF 2023
Shri Narayan M. Shendage ]
Age: 38 years, Occupation: Service, ]
R/o. A/P. Savarde-Parankar, ]
Tal. Radhanagari, District - Kolhapur. ] .. Petitioner.
v/s.
1 The State of Maharashtra ]
Through the Secretary, School ]
Education and Sports Department, ]
Mantralaya, Mumbai 400 032. ]
2 The Commissioner of Education ]
School Education Department, ]
Maharashtra State, Pune. ]
3 The Director of Education, ]
(Secondary and Higher Secondary) ]
Maharashtra State, Pune -1. ]
4 The Deputy Director of Education ]
Kolhapur Region, Kolhapur, ]
having office at Hatti Mahal, Ganji ]
Galli, Somwar Peth, Kolhapur. ]
5 The Education Officer(Secondary) ]
Zilla Parishad, Kolhapur, having ]
office at Zilla Parishad Building, ]
Nagala Park, Kolhapur. ]
6 Shri Datta Shikshan Prasarak ]
Mandal, Panutre, having office at ]
Kale, Tal. Panhala, Dist. Kolhapur ]
through its President/ Secretary. ]
7 Vitthal Patil High School and Junior ]
Collegel, Kale, Taluka : Panhala, ]
Dist. Kolhapur, through its ]
Head Master. ] .. Respondents.
Mr. Prashant Bhavake, for the Petitioner.
Mr. S. L.Babar, AGP for Respondent No.1-State.
Mr. Utkarsh Desai, for Respondent Nos. 6 & 7.
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CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATE : 4th DECEMBER, 2023.
ORAL JUDGMENT (Per A.S. CHANDURKAR, J.):-
RULE. Rule made returnable forthwith and heard finally by
consent of learned Counsel for the parties.
2 Leave granted to the Petitioner to raise the challenge to the
communication dated 27th September, 2022 issued by the Education
Officer (Secondary), Zilla Parishad, Kolhapur thereby refusing approval to
the Petitioner's appointment on compassionate basis.
3 The Petitioner's father was working on the post of 'Peon' at
Respondent No.7 - School from 20th March,1997. Petitioner's father
expired on 21st June, 2006 pursuant to which, the Petitioner was
appointed on compassionate ground vide appointment order dated 31 st
January, 2007.
4 In the matter of granting approval to his appointment,
initially, on 15th March, 2022, a proposal dated 15th December, 2021 had
been submitted by the Management which was not considered in view of
certain deficiencies therein. The Head Master removed the said
deficiencies and submitted the relevant documents vide communication
dated 23rd May, 2022. Thereafter, on 27th September, 2022, the proposal
was refused by relying upon the direction issued by the State Government
vide communication dated 14th September, 2022. The impugned
communication indicates that the proposal seeking approval had been
rejected on the ground that the appointment of the Petitioner was made
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prior to 10 years and, hence, it was not liable to be approved.
5 A copy of the affidavit on behalf of the Respondent No.1 is
tendered in Court, which is taken on record.
6 Having heard the learned Counsel for the parties and having
perused the documents on record, we find that the reference made in the
impugned communication to the directions issued on 14 th September,
2022 is misplaced in the facts of the present case for the reason that the
Petitioner was appointed on compassionate ground within a period of one
year of his father's death. Hence, clause (iii) of the directions dated 14 th
September, 2022 would not be attracted. That is the only ground on
which the Petitioner's proposal has not been approved.
7 For the aforesaid reasons, the impugned communication
dated 27th September, 2022 issued by the Education Officer (Secondary),
Zilla Parishad, Kolhapur is set aside. The Education Officer (Secondary)
shall re-consider the proposal dated 15 th December, 2021 along with
documents submitted by way of compliance dated 24th May, 2022. The
proposal shall not be rejected by relying upon the directions dated 14 th
September, 2022. In case the Petitioner does not fall within the purview of
these directions, the necessary decision shall be taken within a period of
four weeks from receiving copy of this order.
8 Keeping all points raised in the Writ Petition open, it is
disposed of with directions to the Education Officer (Secondary), Zilla
Parishad, Kolhapur to decide the proposal and communicate the decision
taken to the Petitioner.
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9 In case approval is granted to the Petitioner's appointment, all
consequential benefits shall be made admissible to him.
10 Rule accordingly with no order as to costs.
(FIRDOSH P. POONIWALLA,J.) (A.S. CHANDURKAR,J.)
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