Case Note & Summary
The petitioner, Renuka D/o Munjaji Pondhe, is a young widow whose husband Pandurang Hoge was a permanent Peon in Sant Dnyaneshwar Vidyalaya, Parbhani. He died in an accident on 08.06.2017 after 19 years of service. The petitioner was appointed on compassionate basis as a Peon on 01.08.2017, within two months of her husband's death. The Head Master submitted a proposal for approval to the Education Officer on 02.11.2017. The petitioner also obtained a legal heir certificate from the Civil Court on 01.01.2018. The respondents, through an affidavit-in-reply, opposed the approval on the ground that the staffing pattern for non-teaching posts was under consideration. The Court held that the widow cannot be made to wait indefinitely for approval of her appointment, especially since she has been working since 01.08.2017 and has been declared the legal heir. The Court directed the respondents to approve her appointment within four weeks from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Compassionate Appointment - Legal Heir Certificate - Approval of Appointment - The petitioner-widow was appointed on compassionate basis as a Peon in place of her deceased husband, who was a permanent employee. The Education Officer refused approval on the ground that the staffing pattern for non-teaching posts was under consideration. The Court held that the widow cannot be made to wait indefinitely for approval of her appointment, and directed the respondents to approve her appointment within four weeks. (Paras 1-6)
B) Service Law - Aided School - Staffing Pattern - The Court observed that the issue of staffing pattern cannot be a ground to deny approval of a compassionate appointment, especially when the widow has been working since 01.08.2017 and has been declared the legal heir of the deceased employee. (Paras 4-6)
Issue of Consideration
Whether the appointment of a widow on compassionate basis as a Peon in an aided school can be denied approval solely on the ground that the staffing pattern for non-teaching posts is under consideration.
Final Decision
The petition is allowed. The respondents are directed to approve the appointment of petitioner No.1 on compassionate basis within four weeks from the date of the order. Rule is made absolute in those terms. No order as to costs.
Law Points
- Compassionate appointment
- legal heir certificate
- approval of appointment
- staffing pattern
- aided school
Case Details
2021 LawText (BOM) (07) 19
WRIT PETITION NO.8115 OF 2018
Ravindra V. Ghuge, S. G. Mehere
Mr. Syed Masood Chand for Petitioners, Mr. S.B. Pulkundwar for Respondent Nos.1 to 3
Renuka D/o Munjaji Pondhe and The Head Master, Sant Dyaneshwar Vidyalaya, Parbhani
The State of Maharashtra, The Deputy Director of Education, Latur, and Education Officer (Secondary), Zilla Parishad, Parbhani
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Nature of Litigation
Writ petition seeking approval of compassionate appointment of a widow as Peon in an aided school.
Remedy Sought
Petitioners sought a direction to the respondents to approve the appointment of petitioner No.1 on compassionate basis.
Filing Reason
The Education Officer refused to approve the appointment on the ground that the staffing pattern for non-teaching posts was under consideration.
Previous Decisions
The petitioner obtained a legal heir certificate from the Civil Court on 01.01.2018.
Issues
Whether the refusal to approve compassionate appointment on the ground of pending staffing pattern is justified.
Submissions/Arguments
Petitioners argued that the widow cannot be made to wait indefinitely for approval of her appointment.
Respondents argued that the staffing pattern for non-teaching posts is under consideration and approval cannot be granted until it is finalized.
Ratio Decidendi
A widow appointed on compassionate basis cannot be made to wait indefinitely for approval of her appointment on the ground that the staffing pattern for non-teaching posts is under consideration. The appointment must be approved expeditiously.
Judgment Excerpts
Petitioner No.1 is a young widow aged about 30 years, whose deceased husband Pandurang Hoge was working as a Peon on permanent basis in Sant Dyaneshwar Vidyalaya, Parbhani.
The learned AGP has relied upon the affidavit-in-reply filed by Mr. Madhav Sakharam Salgar, Deputy Education Officer (Secondary) Zilla Parishad, Parbhani to canvass that though the petitioner-widow is working on compassionate basis from 01.08.2017, the issue of sanction of staffing pattern for the non-teaching post is still under consideration of the respondents.
We are of the considered view that the petitioner-widow cannot be made to wait indefinitely for approval of her appointment.
Procedural History
The petitioner-widow was appointed on compassionate basis on 01.08.2017. The Head Master submitted a proposal for approval on 02.11.2017. The petitioner obtained a legal heir certificate on 01.01.2018. The respondents refused approval citing pending staffing pattern. The petitioners filed the present writ petition in 2018.
