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Bombay High CourtWP/8326/2016disposed off

Smt. Sandhya Shivaji Ghodeshwar v. The Education Officer (Secondary) Zilla Parishad, Solapur And ORS.

2016-10-03Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

13. wp 8326.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8326 OF 2016 Smt. Sandhya Shivaji Ghodeshwar .. Petitioner Vs.

The Education Officer (Secondary) Zilla Parishad, Solapur and ors.

.. Respondents Mr.A.B.Tajane, for the Petitioner Ms.Nisha Mehra, AGP for State.

CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 03rd OCTOBER, 2016 P.C. :

.

Matter is not on board. In view of urgency, taken up in the production board 2.

Parties through their Counsel.

3.

According to the petitioner, she has been appointed on compassionate ground on account of death of her husband Dattatraya Arjun Londhe who died due to cancer. The grievance of the petitioner is that for approval of her compassionate appointment, the proposal has been sent by the institute to respondent No.1 on 24/06/2013 - Exhibit 'K', but no decision 1/2

13. wp 8326.16.doc has been taken on it by respondent No.1. It is also her grievance that she has not been paid the salary with effect from 17/06/2013. Learned AGP appearing for respondents ­ State submits that the Competent Authority to take appropriate decision on the said proposal ­ Exhibit 'K' is the Deputy Director of Education and not the first respondent.

4.

Be that as it may, since 2nd respondent - Deputy Director of Education is the Competent Authority, we dispose of this Petition by directing 2nd respondent to consider the proposal of the petitioner and take appropriate decision in regard to the appointment of the petitioner on compassionate basis as also her claim for unpaid salary with effect from 17/06/2013. Let appropriate decision as aforesaid be taken by the 2nd respondent keeping in view the relevant GRs. as expeditiously as possible, but not later than 3 months from the date of receipt of copy of this order.

5.

Petition stands disposed of.

6.

Parties to act upon authenticated copy of this order. (M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2