Case Note & Summary
The petitioner, Chaya Baliram Bhore, filed a writ petition before the Bombay High Court challenging the order dated 24.11.2010 passed by the Education Officer (Secondary), Zilla Parishad, Osmanabad (respondent No.4), refusing to grant approval to her appointment as Peon in New High School Jamb (respondent No.3). The petitioner's husband, who was employed as a Peon in the same school since 1994, died in harness. After his death, the school management appointed the petitioner on compassionate grounds on 01.02.2010 on a clear, permanent, sanctioned, vacant post. The school forwarded the proposal for approval to the Education Officer, who rejected it on the ground that the appointment was not made in accordance with the Government Resolution dated 5.7.1999. The petitioner contended that her appointment was in compliance with the said resolution and that the Education Officer's refusal was arbitrary. The respondents argued that the appointment was not made as per the prescribed procedure. The Court examined the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, particularly Sections 5 and 7, and the Government Resolution dated 5.7.1999. The Court held that the petitioner's husband died in harness, and the appointment was made on a clear, permanent, sanctioned, vacant post. The Court found that the Education Officer's refusal was arbitrary and unsustainable. The Court allowed the petition, quashed the order dated 24.11.2010, and directed the Education Officer to grant approval to the petitioner's appointment w.e.f. 01.02.2010 and to pay her regular salary and arrears from that date.
Headnote
A) Service Law - Compassionate Appointment - Approval - The Education Officer refused approval to the appointment of the petitioner as Peon on compassionate grounds, citing that the appointment was not made in accordance with the Government Resolution dated 5.7.1999. The Court held that the petitioner's husband died in harness, and the appointment was made on a clear, permanent, sanctioned, vacant post. The Court directed the Education Officer to grant approval to the appointment w.e.f. 01.02.2010 and to pay regular salary and arrears. (Paras 1-10) B) Service Law - Compassionate Appointment - Government Resolution - The Court interpreted the Government Resolution dated 5.7.1999 and held that the petitioner's appointment was in compliance with the said resolution. The Court noted that the petitioner was appointed on compassionate grounds after the death of her husband, who was a permanent employee of the school. (Paras 5-8) C) Service Law - Approval of Appointment - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Court held that the Education Officer has the power to grant approval to appointments made by private schools, and such approval cannot be refused arbitrarily. The Court found that the refusal in this case was arbitrary and unsustainable. (Paras 6-9)
Issue of Consideration
Whether the Education Officer was justified in refusing to grant approval to the appointment of the petitioner on compassionate grounds, and whether the petitioner is entitled to salary from the date of her appointment.
Final Decision
The petition is allowed. The order dated 24.11.2010 passed by respondent No.4 is quashed and set aside. Respondent No.4 is directed to grant approval to the petitioner's appointment as Peon w.e.f. 01.02.2010 and to pay her regular salary and arrears from that date.
Law Points
- Compassionate appointment
- Approval of appointment
- Education Officer's power
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 5
- Section 7
- Government Resolution dated 5.7.1999
