MANISHA DNYNESHWAR LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. This Writ Petition is taken up for hearing and final disposal, by consent and on the request on the learned Counsel for the parties.

(2.) The husband of the Petitioner namely Dnyneshwar Sakharam Londhe, was a "Peon", working with the Respondent No. 5- School and passed away, while he was in service, on 22 September, 2015, leaving behind father, 4 children and his widow-the Petitioner. The Petitioner applied for compassionate appointment on 1 December, 2015 and 8 December, 2015. These applications were considered by the Respondent - Management in its meeting held on 2 October, 2016 and it was resolved to appoint the Petitioner on compassionate basis. She, accordingly was appointed as a "Peon" on compassionate ground, vide order dated 10/06/2016. Thereafter, she joined her duties as a "Peon" in the Respondent-School on 15/06/2016. In turn, the proposal of the Petitioner was forwarded to the Respondent -Education Officer, Zilla Parishad, Pune, on 29 January, 2018. As there was no response from the Respondent - Education Officer, the proposal was re-submitted again on 27/06/2019. It is stated that since approval had not been coming forth, quite a few representations were made to the Respondent -Education Officer.

(3.) The Respondent-Education Officer, during the pendency of this petition, on 17/08/2021 placed on record a letter dated 13/03/2018. The Education Officer by this letter had already refused to accord approval to the compassionate appointment of the Petitioner, stating therein that as per Government Resolution dated 22 March, 2012 a relaxation was granted to the persons, on the wait list of the candidates on the compassionate ground for appointments, till 31 December, 2011 and as the Petitioner is appointed on 15/06/2016, the approval to the appointment of the Petitioner on compassionate basis could not be granted.