DHANENDRA DEVILAL CHAUHAN Vs. BHARTIYA ADIWASI SHIV SHIKSHAN

JUDGEMENT

(1.) By this writ petition, the petitioner seeks a direction to the respondent No.1-society as also the respondent Nos.3 and 4-education authorities to take appropriate action against the respondent No.2- headmaster of the school for his refusal to permit the petitioner to join his duties in the school, on compassionate ground.

(2.) The father of the petitioner worked in the respondent No.1-society from the year 1981 till 1998. The father of the petitioner expired while in service, in the year 1998. According to the petitioner, his three brothers and his mother gave a no objection for granting compassionate appointment to the petitioner in view of the death of his father. The claim of the petitioner was not considered for almost nine years and in the year 2007, the management resolved to appoint the petitioner on compassionate ground. Though a resolution for appointing the petitioner on compassionate ground was passed in the year 2007, the headmaster of the school-respondent No.2, did not permit the petitioner to join the duties. The petitioner made complaints to the education authorities. Though the education authorities also requested the headmaster and the management to take steps for permitting the petitioner to work in the school, the petitioner was not permitted to do so. By this writ petition, the petitioner has sought his appointment on compassionate ground and has further sought action against the respondent No.2 for not permitting the petitioner to work in the school though he was sought to be appointed by the management on compassionate ground.

(3.) Shri Thakre, the learned Additional Government Pleader appearing for the respondent Nos.3 and 4, states that the education authorities have no objection if the management permits the petitioner to work in the school and appoints him on compassionate ground. It is stated that the education authorities had requested the headmaster to permit the petitioner to work in the school.