wp7332.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7332 OF 2010 Smt. Sangeeta w/o Ulhas Wagh @ Smt. Sangeeta d/o Bandu Patil, Shikshak Colony, Jamner, Tq­Jamner, Dist­Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai­32, 2) The Education Officer (Secondary), Zilla Parishad, Jalgaon, Dist­Jalgaon, 3) The President, Bahuddeshiya Shikshan Prasarak Sanstha at Pimpalgaon Devi, Tq­Motala, Dist­Buldhana, 4) The Headmaster, Bahuddeshiya Madhyamik Vidyalaya, At Shelwad, Tq­Bodhwad, Dist­Jalgaon. ...RESPONDENTS. ... Shri. S.R. Barlinge Advocate for Petitioner. Shri.B.V. Wagh, A.G.P. for Respondent Nos.1 and 2. Shri. S.B. Yawalkar Advocate for Respondent Nos.3 and 4. ... wp7332.10 2 CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 18TH FEBRUARY, 2011. PER COURT : 1. Heard learned counsel for the respective parties. 2. The Petitioner filed an application for her appointment as Assistant Teacher on compassionate ground, in place of her husband, who was discharging his duties as Assistant Teacher in the Respondent Institution, according to the counsel for the Petitioner. The husband of Petitioner died on 10th February, 2007. The Petitioner filed an application on 26th March, 2007. The Education Officer (Secondary), Zilla Parishad, Jalgaon, forwarded the said application on 3rd November, 2009 to the Respondent Institution. The Respondent Institution, in the wp7332.10 3 meanwhile, issued an advertisement for appointment of Assistant Teacher for a reserved category candidate (V.J. N.T. Class­A) in Hindi and Geography subjects. The Petitioner filed present Writ Petition on 30th July 2010, seeking directions to the Respondents to appoint the Petitioner on compassionate ground on the vacancy of Assistant Teacher/Shikshan Sevak and for quashment of advertisement issued on 4th July, 2010 by the Respondent Nos.3 and 4 herein. 3. Consequent to the notice issued by this Court, the Respondent Nos.3 and 4 filed affidavit in reply. In Paragraph Nos. 7 and 18 of the reply, the deponent contends that: "7. I say and submit that, the petitioner received all the service benefit of her husband i.e. (1) family pension per month 5,307/­ which is still continuing, (2) gratuity of Rs. wp7332.10 4 1,27,356/­, (3) amount of provident fund Rs.2,06,758/­ and (4) Group Insurance amount of Rs.30,000/­ and further, L.I.C. amount of Rs.2,56,000/­ as such approximately, she has received the amount of Rs. 6,20,114/­ and thus as on today there are no crisis to the petitioner. I say and submit that, as per my knowledge and information there is also immovable properties of the petitioner's husband i.e. house and agriculture land. I say and submit that, as per the information petitioner is teaching in one English Medium School at Jamner and also drawing salary. Thus, the Petitioner as such is not in dire need of compassionate appointment. 18. I say and submit that, the petitioner would be considered for future vacancy as per the wp7332.10 5 qualification and available post." 4. The learned counsel for the Petitioner submitted that the Petitioner, as of right under the Government Resolution dated 31st December 2002, is entitled to be appointed in the vacancy of her husband and in the light of the eligibility of the Petitioner, on compassionate ground. The Petitioner is eligible to be appointed as Assistant Teacher, therefore, without appointing any other person in the vacancy, the Management ought to have appointed the Petitioner first on compassionate ground, according to the learned counsel for the Petitioner. 5. The learned counsel appearing for the Management submits that the post which was advertised by the Management, was for a reserved class. The Petitioner does not belong to reserved class. The Petitioner appeared for interview and wp7332.10 6 as she was not found eligible, she was not selected. The counsel further submits that the Petitioner received all the service benefits, which were applicable in case of services of the Petitioner's husband. The Petitioner receives Family Pension of Rs.5,307/­ (Rupees Five Thousand Three Hundred Seven), per month. The Petitioner received an amount of Rs.1,27,356/­ (One Lakh Twenty Seven Thousand Three Hundred Fifty Six) towards Gratuity, an amount of Rs.2,06,758/­ (Rupees Two Lakh Six Thousand Seven Hundred Fifty Eight) towards Provident Fund, Rs.30,000/­ (Thirty Thousand) towards Group Insurance and Rs.2,56,000/­ (Two Lakh Fifty Six Thousand) towards L.I.C. benefits. Thus, in all the Petitioner received an amount of Rs.6,20,114/­ (Six Lakh Twenty Thousand One Hundred Fourteen). 6. The learned counsel appearing for the Management, further contends that the Petitioner's case would be considered for future vacancies, as wp7332.10 7 per qualification and availability of the post. 7. The principles behind appointment on compassionate grounds are well settled by now. Appointment on compassionate ground cannot be claimed as a right, much less a vested right. Appointments on compassionate ground are exception to the general rule that all the eligible candidates should be considered for appointment in the post which falls vacant. Appointment on compassionate ground is given only for meeting the hardship, which is faced by the family by reason of death of the bread earner. 8. We have perused the Government Resolution and the documents placed on record and the affidavit in reply filed on behalf of the Respondents. According to the Management, as per the availability of the vacancy and eligibility of the Petitioner, the case of the Petitioner would be considered in future. In the light of the stand wp7332.10 8 adopted by the Management, we are of the view that no interference, in exercise of our extra ordinary writ jurisdiction, is warranted. The Writ Petition is dismissed. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/FEB11/wp7332.10