1 999510 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9995 OF 2010 Santosh Vilas Chavan ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mr. Machindra Patil for the Petitioner Ms. S.S. Bhende, A.G.P., for Respondents No. 1 to 3 CORAM: A.M. KHANWILKAR AND R.Y. GANOO, JJ. DATE: 28TH JULY, 2011 P.C.:- By this petition, the petitioner seeks direction against respondents No. 4 and 5 to appoint him in the post of Peon or Laboratory Assistant on compassionate ground because of the death of his father, who was in employment of respondent No. 5-school at the time of his death. Further relief is claimed to direct respondent No. 3 to give sanction to the appointment of the petitioner. 2. Indeed, the petitioner is relying on the communication sent by the Education Officer to respondents No. 4 and 5 to consider the 2 999510 claim of the petitioner to be appointed on compassionate ground. However, that recommendation has been made by the Education Officer to respondents No. 4 and 5 on condition that the appointment should be as per rules. 3. In response to the present petition, the Education Officer has filed reply-affidavit, stating that respondent No. 5-school, because of the recent revised staffing pattern, is not entitled to fill in four posts of Class IV employees. As at present, respondent No. 5 has already employed three Class IV employees as back as in the year 1982. Out of them, one is appointed on compassionate ground. The petitioner made application in the year 2007. In that sense, the appointment already made cannot be disturbed. 4. In our opinion, respondent No. 5 may consider the claim of the petitioner as and when suitable vacancy arises, against which, the petitioner would qualify to be appointed at the relevant time. As of now, no direction can be issued to respondents No. 4 and 5 to appoint the petitioner on compassionate ground. 3 999510 5. The petition is disposed of with the above direction to respondents No. 4 and 5. R.Y. GANOO, J. A.M. KHANWILKAR, J.