(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1997 OF 1997 Balasaheb s/o. Baburao Shinde, Age : 28 years, Occupation : Primary Teacher, R/o. Patoda, Taluka : Patoda, District : Beed. .. Petitioner. versus 1. The State of Maharashtra. 2. Zilla Parishad, Through its Chief Executive Officer, Beed, District : Beed. 3. The Head Master, Zilla Parishad Secondary School, Dongarkini, Taluka : Patoda, District : Beed. 4. Education Officer (Secondary), Zilla Parishad, Beed. .. Respondents. ....................... Mr. S.A. Nagarsoge, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos. 1 and 4. Mr. H.K. Munde, Advocate, for respondent nos.2 and 3. (2) ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 22ND JUNE 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioner seeks a direction to the respondents, to appoint him on the post of secondary school Teacher in the pay scale of Rs. 1400-2600. 2. The petitioner's father was in the service of Zilla Parishad, Beed. The father of the petitioner died in an accident in the year 1993 and accordingly, the petitioner applied for appointment on compassionate ground. In response to the request made by the petitioner, the Zilla Parishad appointed the petitioner as a primary school Teacher vide order dated 11th October 1994. Contending, that since the petitioner possesses qualification of B.A.,B.Ed., he was entitled to be appointed as secondary school Teacher and further, that though the petitioner has been appointed as primary school Teacher, in fact, he has worked as secondary school Teacher, the petitioner has approached this court. (3) 3. An appointment on compassionate ground is to enable a person to meet out the hardships which a family suffers on account of death of an earning member of the family. A person claiming appointment on compassionate ground cannot, as a matter of right, claim to be appointed against a particular post. 4. Mr. H.K. Munde, learned Counsel appearing for respondent nos.2 and 3, submits that the petitioner was appointed on a post which was vacant at that time and in the year 2003, after post of secondary school Teacher became available, the petitioner has been appointed against that post. Mr. H.K. Munde, learned Counsel, has placed on record the order dated 29th September 2003, thereby putting the petitioner in the scale of secondary school Teacher. Not only that, but the petitioner has also been given deemed date from 1st September 1998. Though by the said order, it has been directed that the petitioner shall not be paid any arrears on account of deemed date, however, he would be entitled to the said deemed date for pensionary benefits. 5. The question, as to whether the petitioner has, in fact, worked as a secondary school Teacher, or not, is a disputed question of fact, inasmuch as, the Zilla Parishad has seriously disputed this position. We are, therefore, unable to accept the (4) contention of the petitioner, that the petitioner should be paid arrears of salary on the principle of "equal pay for equal work". The petitioner should be happy, that now he has already been granted the scale of secondary school Teacher and further, a deemed date as 1st September 1998 is given for the post of secondary school Teacher. 6. In that view of the matter, no case is made out for interference in exercise of writ jurisdiction. Hence, the petition is dismissed. Rule is discharged. However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp1997