Case Note & Summary
The petitioner, Sagar Sanjay Patil, filed a writ petition challenging the order dated 29.09.2018 passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon, rejecting his proposal for appointment on compassionate ground as Peon in respondent No. 3 School. The petitioner's father, Sanjay Patil, was a Senior Clerk in the school and died on 17.12.2014. The petitioner applied for compassionate appointment on 22.12.2014, and the school passed a resolution on 25.12.2014 appointing him as Peon with effect from 27.12.2014. The school forwarded the proposal to the Education Officer on 10.02.2015. However, the Education Officer rejected the proposal on 29.09.2018 on the ground of delay. The petitioner had been working continuously since 27.12.2014 but was not paid salary. The court considered the undisputed facts and held that the delay was not attributable to the petitioner or the school, as the school had forwarded the proposal within a reasonable time. The court directed the Education Officer to grant approval to the petitioner's appointment as Peon on compassionate ground from the date of initial appointment i.e. 27.12.2014 and to pay salary from that date. The court also directed the school to pay salary to the petitioner from the date of appointment till the date of approval, and thereafter the State to pay salary. The petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Delay in Approval - The Education Officer rejected the proposal for compassionate appointment on the ground of delay, but the court held that the delay was not attributable to the petitioner or the school, as the school had forwarded the proposal within a reasonable time. The court directed the Education Officer to grant approval and pay salary from the date of initial appointment. (Paras 1-10) B) Service Law - Compassionate Appointment - Government Resolution - The court relied on Government Resolution dated 05.09.2012, which provides for compassionate appointment to dependents of deceased employees. The court held that the petitioner was entitled to the benefit of the said resolution. (Paras 5-8)
Issue of Consideration
Whether the Education Officer can reject a proposal for compassionate appointment on the ground of delay when the school had forwarded the proposal within a reasonable time and the petitioner had been working continuously.
Final Decision
The petition is allowed. The order dated 29.09.2018 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. 27.12.2014 and to pay salary from that date. Respondent No. 3 is directed to pay salary to the petitioner from the date of appointment till the date of approval, and thereafter the State to pay salary.
Law Points
- Compassionate appointment
- Delay in approval
- Education Officer's power
- Government Resolution
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
