Aniket Jeevan Pawar v. The State Of Maha., Dept. Of School Education, Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3211 OF 2022 Aniket Jeevan Pawar, Aged about 21 years, Occ: Nil, R/o Lane No.1, Vallabh Nagar, AMRAVATI.

....... PETITIONER ...V E R S U S...

1.

The State of Maharashtra, Department of School Education, Mantralaya, MUMBAI; through its Secretary.

2.

The Director of Education (Secondary & Higher Secondary), Directorate of Education, Maharashtra State, Central Building, Dr. Anny Bezant Road, PUNE 01.

The Divisional Deputy Director of Education, Amravati Division, AMRAVATI.

4.

The Education Officer (Secondary), Zilla Parishad, Camp, AMRAVATI.

5.

Mahatma Fule Education Committee, Mudholkar Peth, AMRAVATI; through its President/Secretary.

6.

Mahatma Fule Vidyalaya, Mudholkar Peth, AMRAVATI; through its Headmaster.

7.

Modern Education Society, BADNERA, Tah. & Dist.Amravati; through its President/Secretary.

8.

Rajeshwar Union High School, BADNERA; Tah. & Dist. Amravati;

through its Head Master.

....... RE SPONDENT S

-------------------------------------------------------------------------------------------- Mr. Sayajee Jagtap, Advocate for Petitioner.

Mr. N. S. Rao, AGP for Respondents 1 to 4/State. Ms. Radhika Bajaj, Advocate for Respondents 5and 6. Mr. P. S. Patil, Advocate for Respondents 7 and 8. -------------------------------------------------------------------------------------------- COR A M :

ROHIT B. DEO AND M. W. CHANDWANI , J J .

DATE:

3 rd JULY, .

ORAL JUDGMENT:

(PER ROHIT B. DEO, J.) Heard. Rule. Rule made returnable forthwith by consent of the learned counsels for the parties. 2.

The grievance of the petitioner is that he is not issued the appointment order on compassionate ground although the Education Officer directed respondent 8 to appoint the petitioner on the post of Junior Clerk vide order dated 18.02.2021. We passed the following order on 19.06.2023:

We note that, vide order dated 18.02.2021, the respondents 7 and 8 were directed to appoint the petitioner as Junior Clerk on compassionate ground.

2.

Till date, the order dated 18.02.2021

issued by the Education Officer is not complied with.

We are informed by the learned counsel for the petitioner that even as on date there is a vacancy available with the respondents 7 and 8. 4.

In this view of the matter, we direct, as an interim arrangement, that the petitioner be issued appointment order by the respondents 7 and 8 in compliance with the directions issued by the Education Officer within the next seven days. 5.

Stand over to 03.07.2023 for reporting compliance.

4.

Pursuant to the order dated 19.06.2023 the petitioner is appointed w.e.f. 01.07.2023.

5.

The parties agree that the petition can be disposed of by making rule absolute in terms of the interim order. 6.

We, therefore, direct R-8 to issue the permanent appointment order w.e.f. 01.07.2023 and to submit the proposal for approval to the Education Officer within the next two weeks. The Education Officer shall take a decision on the proposal within

two weeks from the date of receipt.

7.

The petition is disposed of.

(M. W. CHANDWANI, J.) (ROHIT B. DEO, J.) NSN SHIVNARAYAN NIKHARE