Bombay High Court
Smt. Chitra Wd/O Arun Thakare And ... vs The Education Officer, (Secondary), ... on 11 November, 2022
Bench: A.S. Chandurkar, M. W. Chandwani
1 5-wp-917-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 917 OF 2019
Smt. Chitra Wd/o. Arun Thakare and another
Vs.
The Education Officer (Sec.), Z.P., Nagpur and another
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri P. N. Shende, Advocate for petitioners.
Ms. Tajwar Khan, AGP for respondent no. 1/State.
Shri V. G. Wankhede, Advocate for respondent no. 2.
CORAM :- A. S. CHANDURKAR & M. W. CHANDWANI, JJ.
DATED :- 11.11.2022
Heard.
2. The petitioners had sought appointment on
compassionate ground by urging that the husband of the petitioner no. 1 was in employment with the respondent no. 2- School. During the course of service, he suffered an attack of paralysis which rendered him incapable to discharge duty and on that cause of action, the petitioners sought appointment on compassionate basis.
3. This claim was negatived by the Education Officer (Secondary) by order dated 06.08.2011. The petitioners challenged the same in Writ Petition No. 5977/2017 (Smt. Chitra Wd/o. Arun Thakare Vs. The Education Officer (Sec.), Zilla Parishad, Nagpaur). On 18.09.2017, the following order was passed:-
RR Jaiswal 2 5-wp-917-19.odt "1. An incomplete petitioner has been filed. The order by which husband of petitioner was relieved is not produced on record.
2. The benefit of compassionate employment is available if a person is compulsorily retired. But the record is insufficient to consider the said aspect.
3. Hence, the writ petition is dismissed. No costs."
4. By the present Writ Petition, the said petitioners have sought to reiterate the prayer for grant of compassionate appointment and have challenged the very same order dated 06.08.2011 in this Writ Petition. We find that the documents on which the petitioners had relied in the earlier Writ Petition are the very same documents on which the petitioners seek to rely in the present Writ Petition. Since, the earlier Writ Petition was disposed of on the ground that the said documents were insufficient, the earlier grievance cannot be reconsidered in a fresh round of litigation. No leave was sought by the petitioners to re-agitate their earlier prayers.
5. Hence, the Writ Petition is dismissed with no order as to costs.
(M. W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) Digitally signed by JAISWAL JAISWAL RAJNESH RAJNESH RAMESH Date:
RAMESH 2022.11.14
14:52:37
+0530
RR Jaiswal