1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.1888/2007 Shri M.A.KandharkarAdv.for Petr. Shri V.H.Dighes,AGP for State. Shri S.Y.Mahajan,Adv.for R.1 .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 29/4/2010. 1] Heard. 2] The petitioner’s husband was working in Basveshwar High School, Omerga, as a teacher according to the petitioner. He died on 20/4/2000. Petitioner applied for compassionate appointment on 20/10/2000. Since last 9 to 10 years, according to petitioner, the management of the school has not considered petitioner for appointment on compassionate ground. 2 3] Reply is filed by the respondent no. 1. The deponent contends that there is no vacancy in the institution. It was communicated to the petitioner that as and when the post will be available, her claim would be considered. The management submits that appointment on compassionate ground is not the succession right of the family of the deceased employee. 4] The law in respect of appointment on compassionate ground is well settled. Appointments on compassionate ground are considered keeping in view exigency of the time and the fact that the bread earner of the family is not available. 5] The learned counsel for petitioner submits that under the Right to Information Act, by communication dated 23/3/2010, the Head Master of Swami Vivekanand Primary School, Omerga, Dist.Osmanabad, intimated the petitioner that as on 25/2/2010, 2 posts of Primary Teachers (Shikshan Sevak) and one post of Clerk are available, as one Mr.Arvind Vyankatrao Potdar, Clerk 3 working with the school retired on 1/7/2010. 6] The learned counsel for management submits that there are 2 rival groups in the management and the authenticity of this communication is in doubt. Learned counsel for management submits that in case petitioner files application, the management would pass appropriate orders on the said application within 8 weeks from the date of receipt of application, on its own merits and in accordance with law. We accept statement of the learned counsel and in the light of statement made by the counsel for management, we accordingly dispose of the Petition. (N.D.DESHPANDE) (NARESH H. PATIL) JUDGE JUDGE umg/wp1888-07