Bombay High Court
Chaya Parmeshwar Jige vs The State Of Maharashtra And Others on 8 October, 2021
Bench: Ravindra V. Ghuge, S.G. Mehare
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.292 OF 2018
CHAYA PARMESHWAR JIGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.S.S.Tope, Advocate for the petitioner.
Mr.S.B.Yawalkar, AGP for respondent Nos. 1 and 2.
Mr.V.U.Pawar, Advocate for respondent Nos. 3 and 4.
( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : OCTOBER 8, 2021 PER COURT :
1. By this petition, the petitioner/widow is before this Court setting forth prayer clause "B" and "C" as under :-
"B. This Hon'ble Court by issuing writ of certiorari or any other writ in the like nature may kindly quashed and set aside the impugned order dated 09.11.2017 issued by respondent No.2 thereby rejected the proposal for individual approval of appointment of petitioner forwarded by respondent No.4.
C. This Hon'ble Court by issuing writ of mandamus or any other writ in the like nature may kindly direct the respondent No.2 to accord the khs/Oct. 2021/292-d ::: Uploaded on - 12/10/2021 ::: Downloaded on - 16/10/2021 22:40:16 ::: -2- approval to the appointment of petitioner as per the proposal forwarded by respondent No.4."
2. There is no dispute that the husband of the petitioner was a Peon in regular employment with respondent Nos. 3 and 4. He died while in service on 03/04/2015. On 01/06/2015, respondent No.4 issued an appointment order thereby inducting the petitioner in service as a Peon in the Secondary High School on compassionate basis. It is equally undisputed that, respondent No.2 / Education Officer has refused to grant approval to the service of the petitioner on the ground that the staffing pattern for the non teaching category was not formalized.
3. By a judgment delivered recently by this Court on 11/08/2021, in WP No.4219/2018 filed by Smt.Yogita Nikam Vs. State of Maharashtra and others, this Court has dealt with the issue of ban on recruitment, pending staffing pattern or that compassionate appointment cannot be made without following the process of recruitment etc, as being inapplicable to the appointment on compassionate basis. Reliance has been placed on the judgment delivered by the Hon'ble Apex Court in the matter of Yogesh Nagraoji Vs. State of Maharashtra [2019 STPL khs/Oct. 2021/292-d ::: Uploaded on - 12/10/2021 ::: Downloaded on - 16/10/2021 22:40:16 ::: -3- 9892 SC].
4. Considering the crystallized position of Law, this petition is allowed in terms of prayer clause "B" and the impugned order stands quashed and set aside.
5. Respondent No.2 shall issue the order of approving the appointment of the petitioner w.e.f. 01/06/2015 on or before 30/10/2021. She would be entitled to all consequential monetary benefits. As the school is grant-in-aid, the Education Officer shall calculate the arrears of the dues payable to the petitioner and ensure that such payment is made through the salary grants on or before 30/11/2021.
( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )
khs/Oct. 2021/292-d
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