Sunanda Mahesh Bhalerao v. The State Of Maharashtra, Through Principal Secretary And ORS.

917-wp-4508-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4508 OF 2018 Sunanda Mahesh Bhalerao

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. Manoj Harit a/w. Mr. Nijoker Syed i/b. Manoj Harit & Co., for the Petitioner.

Mr. C.P. Yadav, AGP for the Respondents-State. CORAM : SHANTANU KEMKAR & A.M. BADAR, JJ.

DATE :

APRIL 13, 2018 P.C.:

.

Parties through their counsel.

2.

By filing this Petition under Article 226 of the Constitution of India, the Petitioner who has been appointed on compassionate basis on 15th July, 2013 by Respondent No. 5 is seeking direction to Respondent No. 4 - Education Officer to consider the proposals dated 11th September, 2013 and 7th November, 2015 submitted by the fifth Respondent for grant of approval of the Petitioner's appointment on the compassionate basis.

3.

Having regard to the aforesaid, we dispose of this Petition by directing the Education Officer to consider and take Vishal Parekar 1/2

917-wp-4508-2018.doc appropriate decision on the said proposal taking into consideration the law laid down by the Division Bench in the case of The Canossa Society and Anr. vs. The Commissioner, Social Welfare and Ors. in Writ Petition No. 1049 of 2012 decided n 7 th May, 2014 as also the Government Resolution dated 15th February, 2018. 4.

Let the decision as aforesaid be taken as expeditiously as possible but in any case not later than three months from the date of receipt of copy of this order..

5.

Needless to say that, we have not examined the merits of the matter and the Education Officer is free to decide the proposal in terms of the order as above.

6.

Parties to act on the authenticated copy of this order. (A.M. BADAR, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2