Bombay High CourtWP/5812/2015dispossed offdismiss for default

Smt. Jayshree Wd/O Hemant Funne v. State Of Maharashtra, Through Its Secretary, School Education And Sports Dept., Mumbai And Other

2015-12-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

wp5812.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5812 OF 2015 Smt.Jayshree Wd/o Hemant Funne -vsState of Maharashtra, thr.its Secretary, School Education & Sports Department and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.I.N.Choudhari, counsel for the petitioner. Mr. A.M.Balpande, AGP for the respondent Nos.1 and 2. Mr.G.G.Bade, counsel for the respondent Nos.3 and 4. CORAM : SMT. VASANTI A. NAIK & PRASANNA. B. VARALE, JJ.

DATE : 21.12.2015.

Shri Choudhari, the learned counsel for the petitioner, states that the respondents-Authorities have not decided the proposal for approval to the appointment of the petitioner as a Shikshan Sevak on compassionate ground. It is stated that though the petitioner is appointed as Shikshan Sevak in the year 2013, the proposal of the petitioner is not decided as yet. Shri Balpande, the learned Assistant Government Pleader appearing for the respondent Nos.1 and 2, states that the Education Authorities are not clear on the policy of appointing Shikshan Sevkas/Assistant Teachers on compassionate ground. It is stated that there is still no clarity whether compassionate appointment could be made on the post of Assistant Teacher or Shikshan Sevak.

The learned counsel for the petitioner refers to the Government Resolution, dated 31/12/2002 and the Government Circular, dated 23/02/2004 to substantiate his submission that appointment could be made as Shikshan Sevak on compassionate ground.

wp5812.15 2/2 Since the proposal of the petitioner has not been decided by the respondent No.1 as yet, we dispose of the writ petition with a direction to the respondent No.1 to decide the proposal of the petitioner, in accordance with law within a period of three months.

Order accordingly. No costs.

JUDGE JUDGE KHUNTE