(1) WP. 7470.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7470 OF 2009 Tushar S/o Bhaurao Deore Patil Age : 21 years, Occu.: Nil, R/o. Sarbete, Tq. Amalner, District Jalgaon PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. P.S. Patil, Advocate for the Petitioner. Mr. N.B. Patil, A.G.P. for the Respondent-State. Mr. V.D. Sapkal, Advocate for respondent nos.2, 4 and 5 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 8TH JUNE, 2011 ORAL ORDER:- 1. Rule. Rule made returnable forthwith, by consent. 2. The petitioner's grievance is that he has not been appointed on compassionate grounds in place of his father, who expired on 8.1.2006 while working as a Lab Attendant. There is no dispute that he was working with the respondent no.2. On the date the (2) WP. 7470.2009 petitioner's father expired, the petitioner was a minor and therefore, could not have applied for appointment till he attained the age of majority. The petitioner became a major on 5.4.2006 and on 29.5.2006 applied for being appointed in place of his father on compassionate grounds. The Education Officer unfortunately has not considered the G.R. dated 31.12.2002 while passing the impugned order dated 17.7.2008. By this order, the Education Officer has directed the respondent no.2 to consider whether it could appoint the petitioner in place of his father. 3. We have perused the copy of the G.R. dated 31.12.2002 and in our opinion it is for the Education Officer to consider whether the candidate complies with all the conditions for being appointed on compassionate grounds. The Education Officer must direct the management of the school to appoint a person found suitable to be appointed on compassionate grounds. In such a case the Education Officer can direct, either the school in which the deceased employee was working or any other school (3) WP. 7470.2009 which had a vacancy, to appoint a person on compassionate grounds once he finds that he is suitable. Instead of doing so, in the present case the Education Officer has abdicated his duties as delineated in the G.R. dated 31.12.2002. 4. We, therefore, direct the Education Officer to consider whether the petitioner can be appointed on compassionate grounds in view of death of his father on 8.1.2006 to either in the respondent no.2 school or any other school. This be done within eight (8) weeks from today. In the event the Education Officer finds that the petitioner is eligible for appointment he shall direct the concerned school to absorb the petitioner and to issue him an appointment order. 5. Rule made absolute accordingly. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp