1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6123 OF 2008 Smt. Shobha W/o Govind Jhargad, Age : 25 Years, Occu. : Nil, R/o. C/o. Pandu Kharat, Krushnapur, Bidkin, Tq. Paithan, Dist. Aurangabad .. .. Petitioner Versus 1. The State of Maharashtra 2. Education Officer (Secondary), Zilla Parishad, Aurangabad. 3. Punyashlok Ahilyadevi Shikshan Prasarak Mandal, Aurangabad (Paithan), Through its President. 4. The Head Master, Bhagwati Girls/Boys High School, Bidkin, Tq. Paithan. .. .. .. .. Respondents Shri S. L. Mali, Advocate h/f Shri S. B. Talekar, Advocate for the Petitioner. Shri K. G. Patil, A. G. P. for the respondent No. 1 and 2. Shri Vivek Bhavthankar, Advocate for the Respondent Nos. 3 and 4. 2 CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 28TH JULY, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. By way of present petition, the petitioner seeks compassionate appointment on the ground that her husband had become physically disabled and as such was not in a position to continue the service. 2. Perusal of reply would reveal that, husband of petitioner was terminated after giving him show cause notice. The order of dismissal from service was passed after notice. Admittedly, the order of dismissal has not been challenged by the husband of petitioner. 3. The reliance placed by the learned counsel for the petitioner on the Government Resolution dated 26th October, 1994, is also without substance. In, as much as, the said Government Resolution provides for an employment on compassionate ground to the next keen of the employee who has either died or on account of serious ailment, not in a position to continue the service. In that view of the matter, no merits in the matter. Therefore, the petition is dismissed. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09