Compassionate appointments are exempt from recruitment bans aimed at new posts, as their purpose is to assist families in financial distress following the death of a breadwinner.

JUDGMENT :

ABASAHEB D. SHINDE, J.

1. Heard.

2. Rule. Rule made returnable forthwith. With the consent of the parties, the writ petition is heard finally at the stage of admission.

3. By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of directions to the respondent No. 2, the Education Officer (Primary), Zilla Parishad, Latur to grant approval to her appointment on compassionate ground to the post of peon pursuant to the proposal submitted by the respondent No. 3 – management and respondent No. 4 – school with further prayer of seeking consequential benefits thereon.

4. The facts which are undisputed can be summarized as follows.

5. The husband of the petitioner namely Anil Mallikarjun Bhosale was working on Class - IV post i.e. peon in respondent No. 4 – school. He was a permanent employee and his service was duly approved by the respondent No. 2. Unfortunately, said Anil died in harness on 16.10.2016. The petitioner who is having qualification of H.S.C. made an application to the respondent Nos. 3 and 4 on 25.07.2017 requesting them to appoint the petitioner on compassionate ground. The respondent No. 3 accordingly considered the said application and after finding that the petitioner is duly qualified for being appointed to the post of peon, issued an appointment order in favour of the petitioner on28.07.2017.

6. The respondent Nos. 3 and 4 accordingly submitted the proposal along with all the requisite documents seeking approval to the appointment of the petitioner on compassionate ground on13.10.2017 to the respondent No. 2.

7. Though the proposal seeking approval to the appointment of petitioner on compassionate ground has been submitted to the respondent No. 2 on 13.10.2017 and since decision on the said proposal has not been taken, therefore, the petitioner is before this Court.

8. The Education Officer (Primary) Zilla Parishad, Latur has filed an affidavit in reply thereby stating that, though the proposal seeking approval to the appointment of the petitioner on compassionate ground has been received by the office of respondent No. 2 on 13.10.2017, however, by virtue of ban imposed vide Government Resolution dated 12.02.2015, the respondent No. 2 is not in a position to grant approval to the appointment of the petitioner.

9. We have heard learned counsel for the petitioner, learned A.G.P. and learned counsel for the respondent No. 2 – Education Officer.

10. Learned counsel for the petitioner submits that, admittedly, husband of the petitioner died in harness on 16.10.2016 while he was working as a class -IV employee i.e. peon and the petitioner after being found eligible has been appointed by the respondent Nos. 3 and 4 to the post of peon on compassionate ground. The respondent No. 2 – Education Officer has not taken decision though the proposal seeking approval to the appointment of petitioner has been submitted by respondent Nos. 3 and 4 on 13.10.2017. Learned counsel for the petitioner also submits that, there is no justifiable reason for not granting approval to the appointment of petitioner and therefore, urged that the writ petition be allowed and respondent No. 2 – Education Officer be directed to grant approval to the appointment of petitioner on compassionate ground and to pay the consequential benefits accordingly.

11. Per contra, the learned counsel appearing for respondent No. 2, Education Officer (Primary), Zilla Parishad, Latur by relying on the affidavit in reply filed by the respondent No. 2 – Education Officer submits that, the respondent No. 2 cannot grant approval to the appointment of petitioner by virtue of Governme