Harsha Jitendra Patil v. Gulabrao Ananda Patil And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.561 OF 2018 IN WRIT PETITION NO.2262 OF 2016 Smt. Harsha Jitendra Patil, Age: 26 years, Occ: Household, R/o. At Post - Kolpimpri, Taluka Parola Dist. Jalgaon.

..PETITIONER

VERSUS

1.

Gulabrao Ananda Patil, Age: Major, Occ: Presently also working as - The Chairman of Shri Chhatrapati Shivaji High School Society, Mukti, R/o. Mukti, Tq. & Dist. Dhule.

2.

Nagraj Popatral Patil, Secretary, Shri Chhatrapati Shivaji High School Sanstha, At Post Mukti, Taluka & District Dhule.

3.

Pravin Ahire, Education Officer (Secondary), Zilla Parishad, Dhule.

..RESPONDENTS Mr S.P. Shah, Advocate for petitioner;

Mr Ujwal Patil, Advocate for respondent Nos. 1 & 2; Mr S.S. Dande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND SUNIL K. KOTWAL ,JJ.

DATE : 31st OCTOBER, 2018

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

Simple notice was issued by this Court on 1st August, 2018 to respondent Nos. 1 and 2. The grievance of the petitioner in the present petition was of non compliance of the order of this Court dated 12th April, 2016 in Writ Petition No.2262 of 2016.

3.

It would be necessary to refer to the relevant direction of this Court and same reflects in paragraph-10, which reads thus :

"

Therefore, in the peculiar facts of the case, we direct the respondents to consider the claim of the petitioner in the immediate/next vacancy in Class-III or ClassIV post, which would arise with respondent no.1 - society."

(3) 4.

It was further directed by this Court that the respondents shall not raise any query about delay in filing the application for appointment on compassionate ground or shall not negate the claim of the petitioner on unsustainable ground and shall consider the same keeping in view the fact that the petitioner is a twenty one year old widow having the responsibility to maintain her three year old daughter.

5.

Respondent Nos. 1 and 2 filed affidavit in reply in this Court. It is submitted that the order of this Court is complied with. Copy of the appointment order is also placed on record along with affidavit at Exhibit-A-1. Perusal of the appointment order shows that the petitioner is appointed on the Class-IV post and this appointment order is passed on 2nd September, 2018.

6.

As there is substantial compliance of the order of this Court, the grievance of the petitioner is redressed. Contempt petition is

(4) accordingly disposed of.

( SUNIL K. KOTWAL ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe