1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4691 OF 2009 Arshad Arun Pinjari, Age: 20 years, Occ: Education, R/o. Faizpur, Tq. Yawal, District Jalgaon. ...PETITIONER VERSUS State of Maharashtra, General Administration Department, Mantralaya,Mumbai & Ors. ...RESPONDENTS .... Shri. P.N. Kutti, Advocate for for Petitioner. Shri. R.P. Phatke, A.G.P. for Respondent Nos.1 to 3 & 5. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 14TH JULY, 2010. PER COURT : 1. The petitioner contends that his father was serving in Municipal High School, Faizpur, Tq. Yawal District Jalgaon - respondent No.7, who died on 28-11-2004. The petitioner, at that time, was studying in 10th Standard. It is submitted that 2 the mother of the petitioner filed application to respondent No.4 Chief Officer, Municipal Council, Faizpur, Tq. Yawal District Jalgaon on 01-02-2005 that as she was not educated person, her elder son may kindly be taken in service on compassionate grounds. Since then the petitioner is making representations for getting appointment on compassionate ground. The petitioner contends that he was appointed on 04-04-2008 as Junior Clerk but by an order dated 12-04-2008 School Committee cancelled his appointment order. The petitioner contends that he did not challenge cancellation/termination of the appointment order. 2. The learned Counsel for the petitioner submits that since last 5-6 years, the petitioner is making efforts. He is in need of work. In the light of the compassionate scheme framed by the State Government, the respondents ought to have appointed the petitioner on compassionate ground. 3. Respondent No. 4 - Chief Officer, Faizpur 3 Municipal Council, Faizpur, Tq. Yawal District Jalgaon filed affidavit in reply. It is placed on record that certain complaints were made to the Collector and certain persons are claiming appointment on compassionate ground, as their applications were made prior in time than the petitioner. 4. Without going into the rival contentions raised by the parties, we peruse the observations made in Para-19 of the reply by the Chief Officer. The Chief Officer observed in Para-19 in the reply as under. (19) I say and submit that, the Municipal Council as well as the Municipal High School after considering the waiting list prepared in respect of compassionate appointment, will fill up the post in accordance with law and claim of the present petitioner will be also considered as per the seniority 4 list." 5. The principles governing appointment on compassionate ground, are well settled by catena of Judgments by the Apex Court. (Ref:- 1) Eastern Coalfields Ltd. vs. Anil Badyakar (2009) 13 S.C.C. 112, 2) State of Chattisgarh vs. Dhirjo Kumar Sengar (2009) 13 S.C.C. 600, 3) Uttaranchal Jal Sansthan vs. Laxmi Devi (2009) 7 S.C.C. 205, 4) Santosh Kumar Dubey vs. State of U.P. (2009) 6 S.C.C. 481). 6. The appointment on compassionate ground has to be considered in the light of the policy made by the State Government, as reflected in Government Resolutions from time to time. In the light of the statement made by the Chief Officer in the affidavit in reply, writ petition stands disposed of. [K.K. TATED, J.] [NARESH H. PATIL, J.] SUT/JUL10/wp4691.09