SADHANA SUBHASH NAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) Petitioner No.1 is the mother of Petitioner No.2. The father of Petitioner No.2 was serving as an Assistant Teacher in a Zilla Parishad Primary School at Kendhali, Tq. Mantha, District Jalna. He met with an accident and died on 21/4/2001. Petitioner No.2 and his sister were minor at the time of death of their father. Petitioner No.1, filed an application for her appointment on compassionate ground to the Zilla Parishad, Jalna on 30/8/2002. Accordingly, her name was recorded in the seniority list maintained for giving appointment on compassionate ground, at Sr. No.14. Meanwhile, Petitioner No.1 suffered from T.B. Therefore, she filed an application dtd. 6/2/2006 to Respondent No.3 Zilla Parishad, proposing the name of her son i.e Petitioner No.2 be substituted in her name.

(3.) By Communication dtd. 12/2/2019, Respondent No.3 called Petitioner No.2 in the Zilla Parishad Office for hearing. The Petitioners attended the hearing on 16/2/2019. Respondent No.3 took a stand that Petitioner No.2 was below the age of 18 years when his consent was recorded on 6/9/2014, therefore, he cannot be appointed on compassionate ground. Respondent No.3 did not consider the date of birth of Petitioner No.2 i.e. 18/3/1996. Thus, on the date of decision i.e. 6/9/2014, petitioner No.2 was 18 years and 6 months old. Therefore, the objection raised by Respondent No.3, by letter dtd. 26/3/2019, was not correct and sustainable. Though the document showing the date of birth of Petitioner No.2 was on record, Respondent No.3 illegally removed his name from waiting list at Sr. No.14 and surprisingly gave placement to Petitioner No.1, which was not intended and expected.