Advocates:
['SANTOSH SHEETY M P VASHI', 'A N HELEKAR R', '', 'GOVT PLED R']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 31 OF 2005

Vimal Vitthal Chavan,

]

Residing at R.B. Mane Chawl No. 5/C,

]

Room No. 3, Devipada, Borivali (East),

]

Mumbai 400 066

]

…

Petitioner

Versus

1.Nava Maharashtra Education Society,

]

a Trust

]

]

2.K.G.T. High School

]

]

Nos. 1 & 2 having address at Pandurang ]

Budhkar Marg, Bombay 400 013

]

3. State of Maharashtra

]

(Through the Deputy Director of

]

Education, Jawahar Bal Bhavan,

]

Charni Road, Bombay 400004)

]

…

Respondents

Mr. Santosh Shetty for the Petitioner

Mrs. Anjali Helekar for Respondents No. 1 and 2

Mr. L.T. Satelkar, Assistant Government Pleader,

for Respondent No. 3.

2

CORAM:

DALVEER BHANDARI, C.J., &

S. J. VAZIFDAR, J.

DATE : AUGUST 8, 2005.

ORAL JUDGMENT (Per Dalveer Bhandari, C.J.):-

1. The petitioner's husband, Vitthal Ramkrishna Chavan,

while working as a Head Clerk with the K.G.T. High

School, respondent No.2, died in 1998 due to drowning

at the native place. According to the petitioner, she is

getting family pension of Rs. 3,000/- from respondent

No.3. It is also incorporated in the petition that the

petitioner has two sons. Her elder son has been

recently employed in a private factory drawing a salary

of Rs.2,000/- and the younger son, of 18 years of age,

is unemployed.

2.

The petitioner applied for employment

on

compassionate ground. In response to the petitioner's

request, respondent No.2 offered employment to the

petitioner on compassionate ground in Class IV (Peon)

and the petitioner signed the acceptance letter and

accepted employment of Class IV employee offered to

3

her. It may be appropriate to mention that in the

appointment letter, which was sent to her on 6^th

February, 1999, she mentioned that she is accepting

the post offered to her in Class IV without prejudice to

her right on the post of Class III. It may also be

pertinent to mention that despite number of reminders

from respondent No. 2, the petitioner did not join

service.

3. The relevant portion of the reminder letter reads as

under:

"You were informed that the school has

appointed you on the compassionate ground as

Class IV employee. After that you were also sent

two reminders by RPAD but since you have not

taken any action in this respect, it seems that

you are not in need of a job, therefore as a last

chance, you are being informed to join the

duties. Therefore, in case you do not report and

join the duties within a period of seven days from

the receipt of this letter, the school will not be

bound to offer you employment, which please

note.”

4

Even despite this reminder from the Principal, the

petitioner did not join the service.

4. In this petition, the petitioner has deliberately

suppressed the material facts and incorporated totally

incorrect and false facts that she joined as a Junior

Clerk with respondent No. 2 with effect from 6^th

January, 2004. In fact, the petitioner never joined as a

Junior Clerk with respondent No. 2.

5. In support of her contention, the petitioner has relied

on Exhibit 'B', Appointment Order dated 6^th February,

1999. Translation of this appointment order is at page

37 of the petition, which clearly mentioned that she

was appointed on compassionate ground on the vacant

post of Class IV employee (Peon) in the school from 8^th

February, 1999 in the pay scale of Rs.750-940 at the

monthly salary of Rs.750/-. It was also mentioned that

she would also be entitled to LTA, HRA and DA as

granted by