LAWS(BOM)-2021-12-65

PRASHANT Vs. STATE OF MAHARASHTRA

Decided On December 01, 2021
PRASHANT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The only issue raised in this petition is whether the petitioner, was rightly appointed on compassionate basis in place of his father, who was declared medically unfit due to paralysis and was retired on 30/06/2009. He was a permanent employee as a "Lab Assistant". Consequent to his retirement, the said post fell vacant. The petitioner filed an application on 30/07/2012 seeking compassionate appointment in place of his father. The Management appointed him on compassionate basis on 15/06/2015, after almost three years.

(3.) Since the petitioner was not granted approval, he approached this Court in WP No.5763/2017 praying for a direction to decide the proposal. By order dated 27/04/2017, this Court disposed off the petition and issued directions to decide the proposal within 6 months. Since the proposal of the petitioner was rejected, he preferred WP No.14728/2017 challenging the rejection and praying for an order of approval from this Court. This Court disposed off the writ petition by order dated 20/12/2017 and again sent the petitioner back to the Education Officer for reconsideration.