1 W.P. No.6170 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.6170 of 2009 Purushottam s/o Bhimrao Patil. .. Petitioner. Versus State of Maharashtra & Others. .. Respondents. -------- Shri. Shivkumar Mathpati, Advocate, holding for Shri. S.B. Talekar, Advocate, for petitioner. Shri. T.S. Lodhe, Assistant Government Pleader, for respondent Nos.1 and 2. Shri. S.P. Shah, Advocate, for respondent No.3. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE : 21st DECEMBER 2011 PER COURT : 1) Heard. 2) Petitioner's mother was in service as Assistant Teacher in a school run by respondent No.3 – society. She was appointed on 31st July 1990, according to the petitioner. She died during service on 24-6-2001. Petitioner was stated to be 10 years old at that time. The petitioner filed an application with respondent No.3- management for appointment on 12th January 2009 and 2 W.P. No.6170 of 2009 copy was forwarded to the Education Officer and the Head Mistress of the school. 3) The grievance of the petitioner is that, so far his application has not been decided and nothing is communicated to the petitioner. Hence this writ petition. 4) Learned counsel for the petitioner submits that the petitioner is in need of service. Considering the policy of the State and the fact that the management runs several institutions, petitioner's request for appointment on compassionate ground on any available posts be considered. 5) Learned counsel Shri. Shah appearing for respondent No.3-management submits that, the procedure was prescribed under Government Resolution dated 31st December 2002 wherein such applications are to be routed through the Education Officer. On merits of the matter, learned counsel submits that after near about 10 years the petitioner's application need not be considered because the financial need of the family, at the relevant time when the bread earner died, is to be considered. 3 W.P. No.6170 of 2009 Considering the fact that mother of the petitioner died in the year 2001 petitioner's case need not be considered now. Learned counsel further places reliance on reported judgment in Maharashtra State Road Transport Corporation v. Devendra Puranlal Birchha, 2006(3) ALL MR 184 in support of his contention that appointment, in the facts of the case, would be against the provisions of Article 14 of the Constitution of India. 6) Learned Assistant Government Pleader Shri. Lodhe places reliance on the affidavit-in-reply filed by the Deputy Education Officer (Secondary), Zilla Parishad, Dhule. 7) We have perused the replies filed, considered the submissions advanced and perused the judgment cited. We have perused the Government Resolutions placed for our perusal by the learned counsel Shri. Mathpati appearing for the petitioner. 8) In the first instance we are of the view that, the management shall consider the application of the petitioner and pass a brief reasoned order considering the 4 W.P. No.6170 of 2009 record placed by the petitioner and if required after hearing the petitioner. The management is entitled to consider all the necessary issues before reaching appropriate decision in respect of the prayer made by the petitioner for appointment on compassionate ground. The management shall pass necessary orders on the application within 8 weeks and communicate the same to the petitioner. All issues are kept open. 9) The Assistant Government Pleader shall take instructions in respect of Government Resolution dated 31st December 2002 issued by the School Education Department prescribing a slightly different method for candidates to apply for compassionate appointment than the one prescribed under various Government Resolutions issued by the General Administration Department. 10) The writ petition is disposed of. Authenticated copy of the order be given to the Assistant Government Pleader. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl