Point of Law: Appointment of the candidate on a compassionate ground would not be affected by a ban on recruitment and such appointments are not a fresh appointments.

JUDGMENT :

R.N. LADDHA, J.

1. Rule. Rule made returnable forthwith. This Writ Petition is taken up for hearing and final disposal, by consent and on the request on the learned Counsel for the parties.

2. The husband of the Petitioner namely Dnyneshwar Sakharam Londhe, was a “Peon” working with the Respondent No. 5-School and passed away, while he was in service, on 22 September, 2015, leaving behind father, 4 children and his widow the Petitioner. The Petitioner applied for compassionate appointment on 1 December, 2015 and 8 December, 2015. These applications were considered by the Respondent-Management in its meeting held on 2 October, 2016 and it was resolved to appoint the Petitioner on compassionate basis. She, accordingly was appointed as a “Peon” on compassionate ground, vide order dated 10 June, 2016. Thereafter, she joined her duties as a “Peon” in the Respondent- School on 15 June, 2016. In turn, the proposal of the Petitioner was forwarded to the Respondent -Education Officer, Zilla Parishad, Pune, on 29 January, 2018. As there was no response from the Respondent-Education Officer, the proposal was re-submitted again on 27 June, 2019. It is stated that since approval had not been coming forth, quite a few representations were made to the Respondent-Education Officer.

3. The Respondent-Education Officer, during the pendency of this petition, on 17 August, 2021 placed on record a letter dated 13 March, 2018. The Education Officer by this letter had already refused to accord approval to the compassionate appointment of the Petitioner, stating therein that as per Government Resolution dated 22 March, 2012 a relaxation was granted to the persons, on the wait list of the candidates on the compassionate ground for appointments, till 31 December, 2011 and as the Petitioner is appointed on 15 June, 2016, the approval to the appointment of the Petitioner on compassionate basis could not be granted.

4. The learned Counsel for the Petitioner submits that the husband of the Petitioner was working as a “Peon” in Respondent -School since 1990-1991 till he breathed his last on 22 September, 2015. The Petitioner’s husband was the sole bread earner of the family. According to him, the very object and purpose of such employment and conferring the power to make appointment on compassionate ground is that the employer assists the family to tide over a financial crisis caused by the loss of the sole bread earner. It is the assistance to the family just in distress. In the circumstances, this is not a fresh appointment or an appointment which ordinarily requires approval. He further submits that the Petitioner belongs to the reserved category and she has also passed SSC examination. She has submitted her application within a stipulated period, as prescribed under the relevant Government Resolution and that the post of Peon was also vacant at the relevant time in the Respondent-School. He submits that this Court has consistently taken a view that compassionate appointment would be an exception to the mandatory rule of following specific selection procedure for recruitment on vacant posts and/or on newly created posts. In support of his submission, he placed reliance on the Judgment of the Division Bench of this Court in the case of Smt. Yogita W/o Shivsing Nikam vs. State of Maharashtra and Others, Writ Petition No. 4219 of 2018, dated 11 August, 2021.

5. On the other hand, the learned Assistant Government Pleader appearing for the Respondent Nos. 1 to 3 and relying upon the Affidavit-in-Reply filed on behalf of the Respondent No. 3, submits that the Respondent No. 1 is running the school on grant-in-aid basis. The Government of Maharashtra vide Government Resolution dated 12 February, 2015 has granted stay to the new recruitment and has directed not to fill-up vacant posts in non -teaching staff. It has been submitted that the Respondent-Management has appointed the Petitioner on compassionate ground without observing the policy of the Governmen