Lata Uttar Sawarikar v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:8892-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.3175 OF 2023 LATA UTTAR SAWARIKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. K.P. Rodge, Advocate for petitioner Mr. P.S. Patil, AGP for respondent Nos.1 to 3 Mr. G.D. Kale, Advocate for respondent Nos.4 and 5 ...

CORAM :

SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE :

25th APRIL, 2024 ORDER :

Present petition has been filed to seek appointment on compassionate ground by the petitioner. The petitioner's husband was the employee of respondent No.4 working with respondent No.5 school. He died on 31.05.2015. It appears that she had filed application with Education Officer (Secondary), Zilla Parishad, Latur on 24.06.2015 and thereafter she had filed the applications with respondent Nos.4 and 5. Till today she has not accommodated.

WP_3175_2023 Reply has been filed on behalf of respondent Nos.4 and 5 stating that now there is no vacancy.

Learned AGP is submitting communication dated 24.04.2024 given to him by Education Officer (Secondary), Zilla Parishad, Latur stating that as there is no post vacant with respondent No.4 in respondent No.5 school, her name would be included in the seniority list of the candidates seeking appointment on compassionate ground. It is stated that the process would be completed within seven days. The said letter is taken on record by marking Exh. 'X'.

We do not want to go further in the merits of the matter in view of the fact that at present there is no vacant post in respondent No.4. It is stated that respondent No.5 school is the only school of respondent No.4. In other words, there is no other school run by respondent No.4. Under the said circumstance, as per the Government Resolution dated 31.12.2002 her name is required to be taken in the wait list and by letter Exh. 'X' the Education Officer is undertaking that the said process would be completed within seven days and, therefore, directions are required to be given. Hence, following order.

WP_3175_2023

ORDER

i) The Writ Petition stands disposed of.

ii) Respondent No.3 is directed to take the name of the present petitioner in the wait list of the candidates seeking appointment on compassionate ground from the date of her application dated 24.06.2015 with respondent No.3.

iii) Respondent No.3 to see to grant appointment or give placement to the petitioner suitable to her qualification. (S.G. CHAPALGAONKAR, J.) ( SMT. VIBHA KANKANWADI, J. ) agd