Bombay High Court
Sandip Keda Garud vs The State Of Maharashtra Thru The ... on 6 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:47637-DB Digitally signed
by ARUNA
ARUNA SANDEEP
SANDEEP TALWALKAR
TALWALKAR Date:
2025.11.10
18:42:35 +0530
2.WP257.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 257 OF 2025
Sandip Keda Garud.
Aged 43 Years, Occ. Nil,
R/o. Survey No. 330, Ekta Nagar,
Gawali Wada, Near Shriramnagar
Society Office, Malegaon,
Tal. Malegaon, Dist. Nashik. ... Petitioner.
V/s.
1) The State of Maharashtra,
Through the Secretary,
School Education Department,
Mantralaya, Mumbai - 400 032.
2) The Deputy Director of Education,
Nashik Region, Nashik.
3) The Education Officer [Secondary],
Zilla Parishad, Nashik.
4) Mahatma Jyotiba Phule Shikshan
Sanstha, Sangameshwar,
Tal. Malegaon, Dist. Nashik,
Through its President /Secretary.
5) Janata Vidyalay, Vajirkhede,
Tal. Malegaon, Dist. Nashik,
Through its Head Master. ... Respondents.
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Mr. Narendra V. Bandiwadekar, Senior Advocate a/w. Mr. Vinayak R.
Kumbhar, Mr. Rajendra B. Khaire i/b. Ashwini N. Bandiwadekar,
Advocate for Petitioner.
Mr. P.P. Kakade, Addl. G.P. a/w. Ms. Nisha Mehra, AGP for
Respondent/State.
Talwalkar 1
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Mrs. Gauratna Kale i/b. Mr. Sachin Dhakephalkar, Advocate for
Respondent Nos. 4 and 5.
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CORAM : RAVINDRA V. GHUGE AND
ASHWIN D. BHOBE, JJ.
DATE : 6th NOVEMBER, 2025
ORAL JUDGMENT : (Per Ravindra V. Ghuge, J)
1. The learned Advocate Mrs. Kale appears on instructions on
behalf of the Respondent Nos. 4 and 5. She submits that though this
Petition may be decided today, leave to file vakalanama within one week
be granted. The request is accepted.
2. Rule. Learned Additional Government Pleader and the
learned Advocates waive service of notice on rule on behalf of all the
Respondents. This Petition is heard finally by consent of the parties. The
Petitioner has put forth prayer clause (b), (c) and (d) as under :
"b] By a suitable writ, order or direction, this Hon'ble
Court may be pleased to quash and set aside the impugned
order dated 25.5.2023 passed by the Respondent No. 3, and
accordingly the Respondent No. 3 may be directed to grant
approval to the appointment of the Petitioner as a Peon in
the Respondent No. 5 School w.e.f. 31.8.2015 on monthly
honorarium for a period of 3 years, and to release the grant-
in-aid for payment of said honorarium to the Petitioner for 3
years, with all arrears.
c] By a suitable writ, order or direction, this Hon'ble
2.WP257.2025.odt
Court may be pleased to direct the Respondent No. 3 to
grant further approval to the Petitioner as a Peon at the
Respondent No. 5 School on regular basis and in pay scale
w.e.f. 31.8.2018 and to release the grant-in-aid for payment
of salary in the pay scale / Pay Matrix from the said date,
with all arrears.
d] By a suitable writ, order or direction, this Hon'ble
Court may be pleased to direct the Respondent No. 2 to
grant permission to enter the name of the Petitioner in
Shalartha Pranali and to allot him Shalartha I.D. as a Peon
at the Respondent No. 5 School, with all consequential
benefits."
3. The Petitioner was born on 01/06/1980. He belongs to the
scheduled caste category. He has acquired education upto the H.S.C.
Level. Respondent No. 5 School is a fully aided Secondary School. The
Father of the Petitioner namely, Keda Garud was working as permanent
and approved Junior Clerk with Respondent No. 5 School and was
receiving monthly salary from the salary grants extended to the School
by the Government.
4. The Petitioner's father died in harness on 14/7/2011,
leaving behind a widow, 5 daughters and 2 sons. The other family
members extended no objection and the Petitioner was appointed as a
peon in the Respondent No. 5 School on compassionate basis on
31/8/2015. He was accommodated on the said permanent post as a peon
2.WP257.2025.odt
which was vacant due to the retirement of a permanent employee.
5. The School forwarded the proposal dated 01/9/2015 for
seeking approval from Respondent No. 3. The said proposal was
received by the Respondent No. 3 on 04/12/2017. By the impugned
order dated 25/5/2023, the proposal was rejected.
6. We have perused the Government Resolution dated
31/12/2002 issued by the School and Education Department,
Government of Maharashtra, Mantralaya, Mumbai. The said G.R.
prescribes that an eligible legal heir can be appointed on compassionate
basis on the post as may be available considering the qualifications of
the candidate. The said G.R. also prescribes that if a candidate has higher
qualification and a commensurate post for which such requisite
qualifications are required, is not available, candidate can be appointed
on any lower post and, as and when the higher post becomes vacant to
which such candidate would be eligible, he would have a right to be
absorbed on the said higher post for which he has requisite qualification.
7. A communication dated 14/9/2022 issued by the Desk
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Officer, State of Maharashtra, School Education and Sports Department,
all the Education Inspectors in the Brihanmumbai Municipal Corporation
and the Education Officers (Primary/Secondary and Higher Secondary)
from the Zilla Parishad and Municipal Corporations, were informed that
a candidate who may not be eligible to be appointed on the post on
which his deceased parent was working, he should be offered a lower
post depending upon the availability.
8. In the light of the submissions and the pleadings, we have
perused the impugned order dated 31/8/2015, vide which, the Education
Officer (Secondary), Zilla Parishad, Nashik has declined to grant
approval to the appointment of the Petitioner, only for the reason that he
was appointed on a lower post, in the backdrop of his deceased father
having been working on a higher post.
9. We are intrigued by such logic applied by the Education
Officer (Secondary). There is no dispute that the Petitioner does not
have the qualifications necessary for being appointed on an equivalent
post, as was occupied by his deceased father. We could have taken a
stern view in this matter. The learned Additional Government Pleader
pleads before us that action may not be taken against the Education
2.WP257.2025.odt
Officer as the impugned order could be a result of a misjudgment.
10. There can be no embargo on grant of approval to a
compassionate appointee who is appointed on a post for which he has
necessary qualifications. In fact, the G.R. dated 31/12/2002 indicates
pragmatism on the part of the Government in dealing with such case of
compassionate appointment, in order to ensure that the family which has
lost a bread earner, is extended financial support at the earliest. We also
appreciate that the Management has promptly appointed the Petitioner
on the post of a peon which was available considering his educational
qualification. The reasons assigned by the Education Officer in the
impugned order is unsustainable.
11. In view of the above, this Petition is allowed in terms of the
prayer clauses (b), (c) and (d).
12. Needless to state, the payment of the regular salary of the
Petitioner as per the salary grants, would commence on the pay day
falling in December, 2025. In short, the salary for the month of
November payable in December, shall be paid on the pay day. Arrears of
the dues payable to the Petitioner would be calculated by the
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Management and the necessary bills in this context shall be submitted by
the Respondent Management to the Respondent No. 3 Education Officer
on or before 21st November, 2025. The Education Officer would
meticulously calculate the arrears of the wages and payment of the
arrears shall be made on or before 15/1/2026. If such payment is not
made, we would grant interest @ of 6% from the date the amount
become payable and the highest authority in the School Education
Department of the State of Maharashtra would conduct an inquiry to fix
the responsibility for the delayed payment and recover the interest
component from the concerned officer.
13. Rule is made absolute in the above terms.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
