Case Note & Summary
The petitioner, Smt. Sangita Sanjay More, filed a writ petition challenging the order dated 12.03.2019 passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon, rejecting her proposal for appointment on compassionate ground as Peon in respondent No. 3 School. The petitioner also sought directions to grant approval and pay salary from the date of initial appointment i.e. 01.07.2018. The undisputed facts are that the petitioner's husband, Sanjay More, was a Peon in the school and passed away on 08.05.2018. The petitioner applied for compassionate appointment on 12.07.2018. The school passed a resolution appointing her as Peon on 01.07.2018 and forwarded the proposal to the Education Officer on 29.08.2018. On 12.03.2019, the Education Officer refused approval on the ground that sanction for the new staffing pattern was pending with the Government. The Court considered the submissions and held that the Education Officer cannot deny approval on such a ground, as the appointment was made on compassionate basis. The Court directed the Education Officer to grant approval and pay salary from the date of initial appointment. The petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Approval - Pending Staffing Pattern - The Education Officer refused approval to the petitioner's compassionate appointment as Peon on the ground that sanction for the new staffing pattern was pending with the Government. The Court held that the Education Officer cannot deny approval on such a ground as the appointment was made on compassionate basis and the school had already appointed the petitioner. The Court directed the Education Officer to grant approval and pay salary from the date of initial appointment. (Paras 1-6)
Issue of Consideration
Whether the Education Officer can refuse approval to a compassionate appointment on the ground that sanction for the new staffing pattern is pending with the Government.
Final Decision
The petition is allowed. The order dated 12.03.2019 passed by respondent No. 2 is quashed and set aside. Respondent No. 2 is directed to grant approval to the petitioner's appointment as Peon on compassionate ground from the date of initial appointment i.e. 01.07.2018 and to pay salary from that date.
Law Points
- Compassionate appointment
- pending staffing pattern
- approval cannot be denied
- education officer
- school
- peon
