1 aswp-585-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 585 OF 2011 Shri Amitkumar Bhagwan Avatade .. Petitioner Vs. The President Nav-Maharashtra Shikshan Prasarak and ors. .. Respondents Mr. R. S. Alange for petitioner. Mrs. S.S. Bhende, AGP for respondent no.5. CORAM: B. H. MARLAPALLE AND SMT. NISHITA MHATRE,JJ. DATE : August 29, 2011 P.C. 1. Heard the learned counsel for the petitioner. 2. The petitioner’s mother - Smt. Pagatai Dadasaheb Shingare was working as a primary school teacher with the respondent no.1 – society 2 aswp-585-11 run school since 1989 and she died on 13/1/2005. The petitioner was duly qualified to hold the post of peon and he made an application for compassionate appointment for the post of peon on 17/2/2005. The petitioner’s mother had left behind only two children i.e. petitioner and his sister – Anuradha. While the petitioner’s application was pending, one Chandrakant Saravade, who was working as a peon in the primary school run by respondent no.1 died on 8/12/2005 and that vacancy came to be filled in by the appointment of respondent no.5 on 10/7/2006 on compassionate ground, as respondent no.5 is the son of the deceased Chandrakant Saravade. The petitioner claims that he went on submitting representations but there was no response and, therefore, this petition. 3. It is well settled that an appointment on compassionate ground is to assist the family plundered in the financial crisis that arises on the sudden demise of the bread earner. During the last about six years, the petitioner’s case was not considered and in any case on 10/7/2006 the available vacancy has been filled in. An appointment on compassionate ground is not as a matter of right and is subject to availability of a vacancy and such a claim is not required to be considered after a lapse of few years, more so when the petitioner himself admits that he was eligible for such an 3 aswp-585-11 appointment even when his mother died. 4. Hence, the petition is rejected summarily. (SMT. NISHITA MHATRE,J.) (B. H. MARLAPALLE, J.)