Saurabh Madhukar Patil v. The State Of Maharashtra Dept. Of School Education And ORS

27-WP-4634-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4634 OF 2022 Saurabh Madhukar Patil ] Petitioner Vs.

The State of Maharashtra ] Department of School Education ] and others.

] Respondents .....

Mr. Chetan G. Patil a/w Mr. Mandar G. Bagkar, for Petitioner. Ms. S.S. Bhende, A.G.P, for Respondents N o.1 to 3-State. .....

CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ. DATE : 18th APRIL, 2022.

P.C.

1.

Rule. Rule is made returnable forthwith. Learned A.G.P waives service for respondents No.1 to 3 - State. Service on respondents No.4 and 5 is dispensed with. Heard finally by consent of the learned Counsel for the parties.

2.

Petitioner's father was serving as a "Librarian" at respondent No.5 - School. He died on 11th December, 2014 during the course of service. The petitioner was appointed on compassionate basis as SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.04.20 11:56:58 +0530

27-WP-4634-2022.doc "Librarian" on 1st March, 2016. The proposal for approval to the appointment of the petitioner was rejected on 10th May, 2016 relying upon the Government Resolution dated 12th February, 2015. It is the case of the petitioner that the aforesaid Government Resolution is not applicable to the appointments made on compassionate basis. The Headmaster has thereafter on 10th April, 2018 submitted a fresh proposal seeking approval to the appointment of the petitioner on the post of "Full Time Librarian".

3.

Considering the aforesaid, writ petition is disposed of by directing respondent No.3 to decide the proposal dated 10th April, 2018 seeking approval to the petitioner's appointment. While doing so, judgment of this Court in Writ Petition No.4673 of 2019 (Sunil Gundu Desai Vs. The State of Maharashtra and others) dated 3oth July, 2021 shall be taken into consideration along with other relevant aspects. The proposal be decided on it's own merits within a period of six weeks from production of this order before respondent No.3. 4.

Rule is made absolute in the aforesaid terms. No costs. 5.

Writ Petition is disposed of.

[G.A. SANAP, J.] [A.S. CHANDURKAR, J.]