Naimuddin Khan Jalaluddin Khan v. The State Of Mah And ORS

1 WP 356/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 356 OF 2013 Naimuddin Khan S/o Jalaluddin Khan Petitioner V E R S U S The State of Maharashtra, School Education Department, Mantralaya, Mumbai & three others Respondents Mr. Kshirsagar, Advocate, holding for Mr. C.V. Dharurkar, Advocate for the petitioner Mr. V.M. Kagne, A.G.P. for the respondent Nos. 1 & 2/State Mr. R.R. Shaikh, Advocate for respondent Nos.3 & 4 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 6th MARCH, 2017 PER COURT :

1.

Mr. Kshirsagar, learned counsel appearing for the petitioner states that the mother of the petitioner was working with Hamidiya Secondary Urdu School, Kiradpura. While in service, the mother of the petitioner died on 10th January, 2004. The mother of the petitioner was a permanent employee. On

2 WP 356/2013 account of death of mother of the petitioner, the petitioner has submitted an application for his appointment on compassionate ground. However, no cognizance has been taken of the same. Time to time representation were made to the respondents to appoint the petitioner on compassionate ground, but to no avail. Learned counsel further submits that as per the Government Resolution dated 31st December, 2002, the petitioner is entitled for appointment on compassionate ground.

2.

Mr. Shaikh, learned counsel for respondent Nos.3 and 4 submits that respondent No.4-School was transferred to Kohitur Education and Welfare Society in the year 2005 itself.

3, It appears that mother of the petitioner was in service with respondent No.4-School, and while in service, mother of the petitioner died. It appears that the petitioner has passed 4th Standard only. It seems that, the petitioner applied to respondent No.3 for his appointment in the year 2004. Two to three

3 WP 356/2013 such applications were submitted in the year 2004. It appears that thereafter the petitioner had not filed any application, and as contended by learned counsel for respondent No.3, respondent No.4 is transferred to Kohitur Education and Welfare Society in the year 2005. The petitioner does not seem to have filed any application with the Kohitur Education and Welfare Society since the year 2005 till this date. The purpose of compassionate appointment is to give immediate succor to the family of the deceased who has died in harness. In view of aforesaid aspects, the relief claimed by the petitioner cannot be granted. 4.

Writ Petition is disposed of. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/6/3/17

4 WP 356/2013