Bombay High Court
Savitribai Ram Gajare vs The State Of Maharashtra And Others on 2 September, 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.1236 OF 2020
SAVITRIBAI RAM GAJARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.V.H.Dighe, Advocate for the petitioner.
Mr.S.B.Pulkundwar, AGP for respondent Nos. 1 and 2.
Mr.S.S.Wagh, Advocate for respondent No.3.
( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : SEPTEMBER 2, 2021 PER COURT :
1. We have briefly heard the learned Advocates for the respective sides.
2. This is yet another case of refusal to grant approval to the appointment of the petitioner/widow who has already been appointed on compassionate basis. The 2 grounds raised for refusal of approval are that there was a ban on recruitment and that the staffing pattern for the Non Teaching Category was not formalized.
3. We have extensively dealt with the above 2 grounds vide our judgment dated 11/08/2021 in WP No.4219/2018 filed by Smt.Yogital Nikam Vs. State of Maharashtra and others and WP No.163/2020 filed by Sachin Suryawanshi khs/Sept. 2021/1236 ::: Uploaded on - 03/09/2021 ::: Downloaded on - 04/09/2021 23:07:30 ::: -2- Vs. The State of Maharashtra and others.
4. In view of the above, this petition is partly allowed. The impugned order dated 21/12/2019 passed by respondent No.2 refusing approval to the appointment of the petitioner, is quashed and set aside. The proposal tendered by the Management, seeking approval to the petitioner's appointment, shall stand restored to the file of respondent No.2.
5. We direct the said Education Officer to study the judgment dated 11/08/2021 and since we have held that such ban or pendency of staffing pattern would not apply to compassionate appointment, he shall proceed to pass an order on the proposal for approval, on or before 30/09/2021.
( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/Sept. 2021/1236 ::: Uploaded on - 03/09/2021 ::: Downloaded on - 04/09/2021 23:07:30 :::