1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.11 OF 2008 --- Shobhabai wd/o. Dayanand Katare, Age 30 yrs, Occ. Nil, R/o Bankinhola, Tq. Sillod, Dist. Aurangabad. PETITIONER. V E R S U S 1) The State of Maharashtra, Through its Secretary, (Education) Mantralaya, Mumbai (Copy served on G.P. High Court Building) 2) The Education Officer, (Medium) Zilla Parishad, Aurangabad. 3) Head Master, New High School, Bankinhola, Tq. Sillod, Dist. Aurangabad. 4) President/Secretary, Aurangabad Gramin Yuvak Kalyan Mandal, New High School Bankinhola, Tq. Sillod, Dist. Aurangabad. RESPONDENTS. ... Shri V.P. Kadam, Advocate for the petitioner. Shri D.R.Korde, AGP for the respondent- State 1 and 2. Shri V.B.Bondar Adv for R-3 and 4. 2 CORAM : S.B.DESHMUKH AND SHRIHARI P. DAVARE, JJ. DATE : 3 rd DECEMBER, 2009. ==== ORAL JUDGMENT :- ( PER SHRIHARI P. DAVARE, J. ) 1. Rule. Rule made returnable forthwith. By the consent of the learned counsel for the parties petition is taken up for final hearing. 2. By the present petition, filed by the petitioner under Article 14, 16 and 226 of Constitution of India prayed that respondent numbers 3 and 4 be directed to appoint the petitioner on compassionate ground as Class-4 Servant at New High School Bankinhola Tq. Sillod, Dist. Aurangabad. 3. Admittedly, the petitioner’s husband viz. Dayanand was serving with the respondent No.3 school as peon who expired on 24.12.2005 while he was in service with the respondent No.3. It is the contention of the petitioner that her husband served with the respondent No.3 school as a peon from 10.07.1996 up to 22.12.2000. It is also contention of the petitioner that petitioner’s husband was the karta of the family and one daughter and two sons are dependent upon her. 4. Petitioner claims that she made a representation/application Exh. E (page 16) to the respondent authority to appoint her on compassionate ground contending that she fulfills necessary conditions 3 which were required for the appointment on compassionate ground. She also contends that she belongs to SC category and petitioner is the legal representative of deceased Dayanand i.e. the deceased who was serving with the respondent No.3 School. The petitioner further states that she has passed 4 th Standard examination and is eligible to be appointed as peon on compassionate ground with respondent No.3 School. 5. The petitioner also relied upon the G.R. dated 12.04.1982 which is produced at Exh.’I’ (page 23) and contends that she is entitled to be appointed in service with respondent no.3 school on compassionate ground. 6. The respondent numbers 3 and 4 filed affidavit in reply which is sworn in by Mr. Sudhakarrao Tukaram Sonwane, the President of Aurangabad Gramin Yuvak Kalyan Mandal, and thereby opposed the present petition vehemently. It is contended by the respondents No.3 and 4 that the petitioner has not complied with the terms and conditions of G.R dated 31.12.2002 for the appointment on compassionate ground which is annexed to the reply at Exh.R-1. It is further submitted that the petitioner has not applied to the respondents within period of three months from the date of death of deceased Dayanand and hence it is submitted that the application/representation of the petitioner cannot be considered. As regards application/representation Exh.E (page 16), it is submitted by the 4 learned counsel for the respondent numbers 3 and 4 that said application/representation has not been received by the respondent numbers 3 and 4 so far and hence it is submitted that there is no question of consideration thereof. 7. Coming to the application/representation Exh. E (page 16), it appears that the petitioner has submitted said application/representation to President Aurangabad Gramin Yuvak Kalyan Mandal, New High School Bankinhola Tq. Sillod, Dist. Aurangabad and it is claimed that copies thereof have been sent to authorities mentioned at the bottom of the said application/representation. There appears to be endorsement of Panchayat Samiti Tq. Sillod Dist Aurangabad in respect of receipt of the said application/representation as well as there appears to be endorsement of Shikshan Vibhag in respect of receipt of said application/representation. Although we are not entering into controversy whether the Respondent nos. 1 and 2 received the copy of the said application/representation or not, the fact remains that there is no proof to show that the respondent Nos. 1 and 2 have received the copy of the application/representation. 8. Keeping in mind the said aspect and coming to the G.R Dt. 31.12.2002 at Exh.R-1 (page 31,32) and more particularly (page 33) it appears that clause no.6 and clause Nos. A to D thereof requires that Education 5 Officer should maintain a seniority list of the applicants applying for the employment in the posts of Class-4 on compassionate ground. 9. On the aforesaid background the learned counsel for the respondent numbers 3 and 4 stated that petitioner’s husband was peon and institution was in need of peon for day to day work and therefore respondent No.1 gave an advertisement for filling up said posts in newspaper. Accordingly, four applications were received. In response to the said advertisement one Mr. Pradip Sonune has been given appointment on the said post of peon by order dated 26.07.2006. Accordingly said Pradip has joined his duty on 27.07.2006 and said proposal was also approved by Education Officer on 20.05.2007. It is also submitted that said Mr. Sonune had also completed two years probation and subsequently permanent approval has been also granted by Education Officer there for and copies thereof are produced at Exh.3 and 4 respectively. 10. In view of the aforesaid position, it is apparent that there is no post of peon vacant with respondents no.3 and 4 presently. However, as per G.R dated 31.12.2002 and more particularly clause No.6 A,B,C and D thereof the Education Officer i.e respondent No.2 is required to maintain seniority list of the applicants who apply for the appointment to the post in Class -3 and 4 as mentioned herein above. Hence, the respondent No. 2 is required to be 6 directed to comply with the said clauses of the G.R in respect of the petitioner herein considering her application/representation (Exh. E ) and to incorporate her name in the seniority list from today for the appointment to the post of peon on compassionate ground and accordingly present writ petition can be allowed partly. 10. In the circumstances, present writ petition is allowed partly and respondents No.1 and 2 are directed to treat the application / representation Exh. E of the petitioner to incorporate her name in the list of seniority of the applicants for the appointment to the post of Peon in Class-4 Category on compassionate ground as per G.R. dated 31.12.2002, clause No. 6-A to 6-D thereof from today and do the needful accordingly. 11. Rule is made absolute in above terms. Petition stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ( S. B. DESHMUKH, J. ) ***** aaa/11.08