Rahul S/o Dhondiram Meshram vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 192

NITIN W. SAMBRE, ABHAY J. MANTRI
Rahul S/o Dhondiram Meshram – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: P.A. Kadu.
For the Respondents: A.M. Ghogare, S. Zia Quazi.

JUDGMENT :

NITIN W. SAMBRE, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The prayer made in this petition is for direction to the respondents to consider the claim of the petitioner for grant of compassionate appointment in Class-IV category on the post of Peon.

3. The facts necessary for deciding the present petition are as under:

(i) The father of the petitioner, viz. Dhondiram, was appointed on 1-9-1986 in Class-IV category on the post of Peon in the respondent No. 4-School, which is managed by the respondent No. 3-Society. Said Dhondiram expired on 10-8-2012. After the appointment of Dhondiram, his services were duly approved by the respondent No. 2-Education Officer and the payments were drawn by the respondent Nos. 2, 3 and 4 in favour of Dhondiram from the public exchequer. The respondent No. 3 claims that the respondent No. 4 is a Minority Institution and enjoys all privileges under Article 30 of the Constitution of India.

(ii) After the death of Dhondiram, the petitioner moved to the respondent Nos. 2, 3 and 4 from 8-1-2013 onwards seeking grant of compassionate appointment.

(iii) In spite of repeated