Shyamlata Bahuudeshiya Shikshan Sanstha, Bhandara Thr. Secretary, Ku. Bhumika S. Pashine And Others v. State Of Maharashtra Thr. Secretary, Department Of Education, Mumbai And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6493 OF 2022

1) Shyamlata Bahuudeshiya Shikshan Sanstha, Reg. No. F 1420(B), through its Secretary Ku. Bhumika Shyamkishore Pashine, Office at Bhandara, Tahsil and District Bhandara - 441904.

2) Smt. Anusayabai Pashine High School, Dasgaon, through its Head Mistress, Tahsil and District Gondia.

3) Smt. Jaishree wd/o Rameshwar Barmunshi, Aged about 40 years, Occupation - Service (Peon), R/o At & Post Dasgaon, Tahsil and District Gondia.

....

PETITIONERS

VERSUS

1) State of Maharashtra, through its Secretary, Department of Education, Mantralaya, Mumbai-32.

2) The Education Officer (Secondary), Zilla Parishad, Gondia - 441902.

.... RESPONDENTS _________________________________________________________ Mr. Anant Dixit, Counsel for the petitioners, Mr. M.K. Pathan, Assistant Government Pleader for the respondents.

_________________________________________________________

CORAM : ROHIT B. DEO & MRS. VRUSHALI V. JOSHI , J J.

DATED : 27 th APRIL, ORAL JUDGMENT : (PER : R.B. DEO, J.) Heard. Rule. Rule made returnable forthwith with consent of the parties.

2.

The challenge is to the communication-cum-order dated 25-5-2022 whereby the appointment of petitioner 3 as Peon, on compassionate grounds, is not approved on the premise that in view of the Government Resolution dated 11-12-2020 Class-IV posts are abolished.

3.

The learned Assistant Government Pleader Mr. M.K. Pathan fairly states that he has received instructions from the Education Officer (Secondary), Zilla Parishad, Gondia that in view of the subsequent Government decision dated 14-9-2022 governing appointment on compassionate grounds, the proposal can be revisited and decided on its own merits and shall not be rejected on the ground that Class-IV posts are abolished. Mr. M.K. Pathan has made available for our perusal the communication dated 22-2-2023 addressed by the Education Officer to the office of the

Government Pleader, Nagpur. The communication is returned to the learned Assistant Government Pleader, after perusal. 4.

In this view of the matter, the communication impugned 25-5-2022 is quashed.

5.

The petitioners shall appear before the Education Officer (Secondary), Zilla Parishad, Gondia on 02-5-2023. 6.

The proposal seeking approval shall be considered by the Education Officer on its own merit, and shall not be rejected on the ground that Class-IV posts are banned.

7.

We expect that the decision shall be taken within four weeks from the date of appearance of the petitioners. 8.

The petition is allowed in the afore-stated terms. (Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) MANOHARRAO ADGOKAR adgokar