Disposed

Vimal Rajendra Gosavi v. the State of Maharashtra and Others

Bombay HC29 Sept 2014WP/1488/2014

Case brief

AI extract

What is this about?

A petition was filed seeking appointment on compassionate grounds for the wife of a deceased employee. The court directed the Education Officer to decide on sanctioned posts as per staff strength and consider accommodating the petitioner in another institution if no vacancy exists in the respondent institution.

What did the court decide?

Petitioner to be accommodated in an institution where vacancy is available as per Government Resolution dated 31.12.2002, Clause 6(B).

Vimal Rajendra Gosavi Vs the State of… — Pension and Retirement Benefits | Bombay HC (2014)

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WP 1488/14

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- 1 -

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.1488/2014

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Smt.Vimal Rajendra Gosavi.

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...Petitioner..

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Versus

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The State of Maharashtra & others.

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...Respondents...

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 .....

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Shri C.K. Shinde, Advocate for petitioner.
Smt.S.A. Dhumal, AGP for respondent nos.1 to 3.
Shri A.T. Kanawade, Advocate for respondent no.4.

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 .....

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CORAM: S.V. GANGAPURWALA &
 A.M. BADAR, JJ.

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DATE: 29.09.2014

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ORDER :

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1]The petitioner is appointed on compassionate ground

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by the respondent - management. The proposal was also

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sent for approval. However, the said proposal is
rejected on the ground that there are no available

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sanctioned posts. Learned counsel for the petitioner

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submits that as per the staffing pattern of the year
2010-11, there were two posts of Peon, one of Naik and
another of Laboratory Attendant. There were four persons

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WP 1488/14

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working. One Smt.Tambe Shantabai Chandrakant has retired
on 31.5.2014 and husband of the petitioner has died. So

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two posts have become vacant. Learned counsel for the
petitioner submits that the contention of the State that
there are only two sanctioned posts does not appear to be
correct.

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2]Learned counsel for the respondent - management
states that they had forwarded the proposal to the
Education Officer, but then the same was not approved.
If the approval is granted by the Education Officer, the
respondent - management has no objection to continue the
petitioner.

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3]Learned AGP states that there are only two

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sanctioned posts as per the revised staffing pattern
considering the strength of the students and the
divisions.

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4]The affidavit is filed by the school management.

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The approval is not granted on the ground that there are

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only two available posts. It is for the Education
Officer to decide about the sanctioned posts or
otherwise.

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5]The question is about the appointment of the

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WP 1488/14

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petitioner on compassionate ground. In case the
petitioner is not accommodated in the respondent -
institution where the husband of the petitioner was
working, the Education Officer can also consider
accommodating the petitioner in some other institution
where the vacancy would be available as per the
Government resolution dated 31.12.2002, more particularly
Clause 6(B) of the said Government resolution. The
Education Officer shall adhere to the said Government
resolution and deal with the case of the petitioner
conforming to the said Government resolution as per the
availability of the vacancy in the respondent -
institution or any other institution. Writ petition is
disposed of. No order as to costs.

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ndk/ c2991437.doc

Vimal Rajendra Gosavi v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vimal Rajendra Gosavi v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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