MUMTAZ YUNUS MULANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Petitioner, by the present petition, seeks a writ of mandamus directing the respondent Nos. 3 and 4 to appoint the petitioner as a class IV employee in the vocational school run by the said respondents either in place of her deceased husband or any other class IV post.

(2.) The facts, in brief, relevant for decision, are that the petitioner's husband was appointed as a peon in the vocational school run by the respondent No. 3. He expired, while in service, on 16th September, 1996. The petitioner thereupon filed an application for employment on compassionate ground. As there was no favourable response from the respondents, the petitioner also approached the respondent No. 2, whereupon by his letter dated 1st January, 1997 called upon respondent No. 3 to submit its remarks on the grievance made by the petitioner. The request for employment on compassionate ground was again reiterated by the petitioner under her application dated 2nd January, 1997 and, in that regard also respondent No. 2 by its letter dated 31st March, 1997 called upon the respondent Nos. 3 and 4 to submit their remarks. Under letter dated 12th March, 1999, by respondent No. 2 to respondent No. 3, it was informed that no approval would be granted to any person appointed in place of petitioner's deceased husband as it is obligatory for the respondent No. 3 to appoint the petitioner on compassionate ground. Since in spite of the said letter, the respondent No. 3 did not appoint the petitioner, the present petition came to be filed.

(3.) When the matter came up for hearing on admission on 2nd May, 2000, while issuing notice to the respondent Nos. 3 and 4, the Division Bench comprising of Shri A. P. Shah and Dr. D. Y. Chandrachud, JJ. had directed the said respondents by way of interim order to appoint the petitioner as a peon for the academic year commencing from June, 2000, and it appears accordingly the petitioner was appointed as the peon.