DATTATRAYA SUKDEO CHITTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition was admitted vide order dated 6th October 2005. Interim relief in terms of prayer clause (c) is operating since then.

(2.) The petitioner seeks directions to quash and set aside a communication dated 24th August 2005 issued by respondent No.1 to respondent No.2 and a declaration that the said communication dated 24th August 2005 was illegal.

(3.) The petitioner contends that his father was in service of respondent No.3 Zilla Parishad and was discharging duties as Head Master of Prathamik Vidya Mandir at Vinchoor. Father of the petitioner expired on 17th April 2003. The petitioner made an application to the Executive Officer of the Zilla Parisahd requesting for an appointment on compassionate ground. Considering the stringent financial conditions faced by the petitioner and considering his qualifications, a specific request was made by the petitioner to appoint him as Extension Officer in the service of the Zilla Parishad. By communication dated 18th October 1995, the petitioner was appointed as Tracer. He worked on the said post for about two years. Thereafter on 23rd July 1997, the petitioner was appointed as an Extension Officer. By communication dated 24th August 2005, respondent No.1 cancelled the appointment of the petitioner as Extension Officer and directed his reappointment as Tracer. The State had also directed recovery of service benefits derived by the petitioner as Extension Officer.