Akshay Rajendra Sawant v. The State Of Maharashtra Through The Secretary

bipin prithiani 31-wp-12461.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2022.10.21 19:59:11 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 12461 OF 2022 Akshay Rajendra Sawant ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents ****** Mr. N. V. Bandiwadekar i/by Ms. Ashwini N. Bandiwadekar for the Petitioner.

Mr. K. S. Thorat, AGP for the State.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 20th OCTOBER, 2022 P.C. :- .

The proposal seeking approval to the appointment of the petitioner as a Shikshan Sevak is rejected.

2.

We have heard the learned AGP.

3.

The ground mentioned in the order not does stand to reason. Only because the father of the petitioner died prior to 31st December, 2011, it cannot be said that the appointment on compassionate ground cannot be made.

4.

The Education Officer has to consider, whether the petitioner was qualified for appointment on the compassionate ground, the availability of the post, the roster. It could not have rejected on the ground that the proposal is not submitted on time and/or the father of the petitioner died prior to 31st December, 2011.

bipin prithiani 31-wp-12461.22.doc 5.

The impugned order is set aside. The Education Officer shall reconsider the proposal seeking approval to the appointment of the petitioner afresh, on its own merits. The decision shall be taken preferably within six months.

6.

Writ Petitions accordingly disposed of. No costs. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]