Akshay Dilip Jawale v. The State Of Maharashtra Through Its Principal Secretary And Others

15 WP.7302.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

15 WRIT PETITION NO.7302 OF 2022 AKSHAY DILIP JAWALE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. I. D. Maniyar, h/f Mr. V. S. Panpatte. AGP for Respondent Nos.1 & 2 : Mr. S. G. Sangle. Advocate for Respondent Nos.3 & 4 : Mr. Vinod Prakash Patil. ...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

09th January, 2023.

Per Court:

1.

The petitioner seeks compassionate appointment. His father passed away on 11th June, 2010. He was born on 5th August, 1986.

2.

The learned advocate representing the management with whom the father of the petitioner was working, submits that they have appointed the petitioner on compassionate basis on 14th June, 2021. He is discharging the duties since then. His proposal for approval was tendered to the Education Officer (Secondary) on 28th July, 2021 and the same is still pending.

15 WP.7302.2022.odt 3.

The learned advocate for the petitioner submits that though the petitioner has been working in the school as a full time Peon on compassionate basis, he has not been paid his salary due to the lack of approval.

4.

The learned advocate for the management submits that the petitioner would be entitled for full wages once the Education Officer grants him the approval.

5.

In view of the above, this petition is disposed off with a direction to respondent No.2 Education Officer (Secondary), Zilla Parishad, Dhule, to deal with the proposal forwarded by the management dated 28th July, 2021 and pass a reasoned order, on or before 31st January, 2023.

6.

Needless to state, once the approval is granted to the appointment of the petitioner, he would be entitled for all the service benefits including the arrears of salary in accordance with law. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga