Case Note & Summary
The petitioner, Shri Dattatray Shashidhar Kamble, filed a writ petition before the Bombay High Court seeking implementation of directions issued by the Education Officer (Secondary), Zilla Parishad Sangli, to the Respondent-School Management to engage/appoint him on compassionate ground on the post of Junior Clerk. The petitioner's father, Shri Shashidhar Kamble, was working as a Junior Clerk with the Respondent-School from 19th June 2006, and his appointment was approved by the Education Officer on 15th February 2007. While on duty, the petitioner's father died on 7th January 2017, leaving the post vacant. The petitioner, being in dire need of employment, applied multiple times to the School management and the Education Officer. Consequently, the Education Officer addressed a letter on 15th March 2021 to the School Head Master to consider the petitioner's application for compassionate appointment. Subsequently, on 3rd August 2021, the Education Officer wrote to the School Management, stating that as per Government Resolution dated 7th March 2019, it was within the realm du School Management to appoint the petitioner on compassionate ground, and directed the School Management to immediately appoint the petitioner and file a compliance report. Despite these directions, the School Management failed to comply. The petitioner then approached the High Court. The court considered the facts and held that the School Management is bound to comply with the directions issued by the Education Officer. The court directed the School Management to appoint the petitioner on compassionate ground on the post of Junior Clerk within four weeks from the date of the order. The court also directed the Education Officer to ensure compliance and report back to the court. The petition was disposed of accordingly.
Headnote
A) Service Law - Compassionate Appointment - Government Resolution dated 7th March 2019 - Education Officer's Directions - Petitioner sought implementation of Education Officer's directions to appoint him on compassionate ground on the post of Junior Clerk after his father's death in service - Court held that the School Management is bound to comply with the directions issued by the Education Officer and directed the School Management to appoint the petitioner within four weeks - Held that the Education Officer's directions are binding on the School Management (Paras 1-10).
Issue of Consideration
Whether the School Management is bound to comply with the directions of the Education Officer to appoint the petitioner on compassionate ground.
Final Decision
The court directed the School Management to appoint the petitioner on compassionate ground on the post of Junior Clerk within four weeks from the date of the order. The Education Officer is directed to ensure compliance and report back to the court. The petition is disposed of.
Law Points
- Compassionate appointment
- Government Resolution dated 7th March 2019
- Education Officer's directions
- Writ of Mandamus
