Case Note & Summary
The petitioner, Ku. Panchfula Maroti Bagde, an Assistant Teacher at Dr. Baba Saheb Ambedkar High School, Gondia, filed a writ petition seeking enforcement of a memo dated 10.6.2009 issued by the Education Officer (Secondary), Zilla Parishad, Gondia. The memo directed sympathetic consideration of her appointment. The memo was issued following a direction from the Bombay High Court in Writ Petition No. 2136/1987, which required the Education Officer to consider whether the petitioner and others were properly appointed by the Dr. Baba Saheb Ambedkar Education Society. After hearing both sides, the Education Officer concluded that no approval could be granted for the appointment. However, the memo directed sympathetic consideration. The petitioner argued that the memo should be enforced. The court, after hearing the parties, held that the memo must be enforced and directed the Education Officer to consider the petitioner's case sympathetically within four weeks. The court also noted that the respondent no. 8 was served but did not appear. The petition was disposed of with the direction.
Headnote
A) Service Law - Appointment - Sympathetic Consideration - Education Officer's Memo - The petitioner sought enforcement of a memo dated 10.6.2009 issued by the Education Officer directing sympathetic consideration of her appointment. The memo was issued pursuant to a court direction in Writ Petition No. 2136/1987. The court held that the memo must be enforced and directed the Education Officer to consider the petitioner's case sympathetically within four weeks. (Paras 2-4)
Issue of Consideration
Whether the Education Officer's memo dated 10.6.2009 directing sympathetic consideration of the petitioner's appointment should be enforced.
Final Decision
The court directed the Education Officer to consider the petitioner's case sympathetically within four weeks. The petition was disposed of.
Law Points
- Enforcement of administrative memo
- Consideration of appointment
- Compliance with court direction
Case Details
2010 LawText (BOM) (01) 461
Writ Petition No. 3488 of 2009
S.A. Bobde, Smt. Vasanti A. Naik
N.M. Sudame for petitioner, S.J. Jichkar (AGP) for respondent nos. 1 and 2, A.D. Mohgaonkar for respondent nos. 3 to 7
Ku. Panchfula Maroti Bagde
The Deputy Director of Education, Nagpur Division, Nagpur; The Education Officer (Secondary), Zilla Parishad, Gondia; Dr. Baba Saheb Ambedkar Shikshan Sanstha, Gondia through Secretary; Shri Bansidhar Meshram; Head Master, Dr. Baba Saheb Ambedkar High School; Smt. Amrutabai Dongre; Shri Hanwatji Satdeve; Esuram Martand Badole
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Nature of Litigation
Writ petition seeking enforcement of an administrative memo directing sympathetic consideration of appointment.
Remedy Sought
Enforcement of memo dated 10.6.2009 issued by the Education Officer.
Filing Reason
The Education Officer issued a memo directing sympathetic consideration of the petitioner's appointment, but the petitioner sought its enforcement.
Previous Decisions
The Education Officer had earlier concluded that no approval could be granted for the appointment after hearing both sides pursuant to a court direction in Writ Petition No. 2136/1987.
Issues
Whether the memo dated 10.6.2009 should be enforced.
Submissions/Arguments
Petitioner argued for enforcement of the memo. Respondents opposed.
Ratio Decidendi
An administrative memo issued by a public authority pursuant to a court direction must be enforced, and the authority must comply with its own directive.
Judgment Excerpts
The petitioner seeks enforcement of memo dated 10.6.2009 issued by the respondent Education Officer.
The impugned memo was issued by the Education Officer since he was directed by this Court on 6.6.2005 in Writ Petition No. 2136/1987 to consider whether the petitioners therein including the present petitioner were properly appointed.
In the result, the petition is disposed of with a direction to the Education Officer to consider the petitioner's case sympathetically within four weeks.
Procedural History
The petitioner filed Writ Petition No. 3488/2009 seeking enforcement of a memo dated 10.6.2009. The memo was issued by the Education Officer following a direction from the High Court in Writ Petition No. 2136/1987 dated 6.6.2005. The Education Officer had earlier concluded that no approval could be granted. The present petition was heard and disposed of on 5.1.2010.
