FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6480 OF 2004 ------------------------------------:----------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:------------------------------------ Mr.Sachin Manale with Mr.S.S.Palcale for petitoner. Mr.V.P.Malvankar, AGP for res.Nos.1 & 4. Mr.P.D.Dalvi for res.Nos.2 & 3. ---- CORAM : H.L GOKHALE & CORAM : H.L GOKHALE & CORAM : H.L GOKHALE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATED : 15th June 2006 DATED : 15th June 2006 DATED : 15th June 2006 P.C. : 1. Heard the learned Counsel for the parties. 2. The petitioner seeks an appointment for her son in place of her late husband who was working in respondent No.3-school as a Clerk. The case of the petitioner is that necessary steps were not being taken by the respondents and, therefore, she was required to file the present petition. She has now informed us that one Dagdu Dynu Pawar was working as a Clerk and has recently retired i.e. on 31st December 2005 and his post is lying vacant. The Government has filed an affidavit dated 27th August 2004 of one Vrunda Pawar, Under Secretary to the School Education Department. She has stated in para-2 thereof that the Education Officer (Secondary), Zilla Parishad, Kolhapur will be instructed to examine the proposal of the petitioner regarding the compassionate appointment in the light of the Government Resolution dated 31st December 2002. 3. Mr.Dalvi appearing for respondent Nos.2 and 3 has informed us that after filing of the petition the Management of respondent Nos.2 and 3 has changed hands and now it is one Shree Jagadguru Panchacharya Education Society, which is in-charge. If that is so, it is for the successor Management to follow the concerned Government Resolution inasmuch as the school, which is being run by the Institution, is an aided school. 4. The petitioner’s son will, therefore, apply to the new Management with a copy to the Education Officer (Secondary), Zilla Parishad for being considered for his appointment on compassionate ground in the vacancy of a Clerk. Mr.Manale has tendered a copy of the examination result of the petitioner. He has passed his B.Com. examination in October 2005 and prima facie, he does have the requisite qualification. In view thereof, on the petitioner applying for the post, we expect the new Management to consider the application for appointment to the post of Clerk sympathetically and in the light of the concerned Government Resolution. The petitioner’s son will apply within two weeks hereafter and we expect the school Management as well as the Education Officer to take appropriate decision within six weeks from the receipt of the application. 5. Petition stands disposed of with the above order. (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.)