Bombay High Court

KAVERI BHAUSAHEB JADHAV AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court ordered Respondents No. 3 and 4 to forward the petitioners' proposal to the Education Officer within four weeks and directed the Education Officer to decide on it within eight weeks.

Summary

The petitioners, Kaveri Bhausaheb Jadhav and another, filed a writ petition seeking appointment of the second petitioner on compassionate grounds under a Government Resolution dated 31.12.2002. Respondents No. 3 and 4 filed an affidavit indicating their willingness to forward the petitioners' proposal to Respondent No. 2, the Education Officer, for action. The Court recorded this undertaking and directed Respondents No. 3 and 4 to forward the proposal within four weeks of the order. It further directed Respondent No. 2 to consider the proposal and render a decision within eight weeks of receipt. No substantive discussion on the merits of the compassionate appointment was required, as the matter was procedural. Accordingly, the writ petition was disposed of by these directions.

Issues considered

Whether the petitioners are entitled to appointment on compassionate grounds under the 31.12.2002 Government Resolution
Whether the respondents are obligated to forward the proposal to the Education Officer and decide on it within a reasonable time

Subjects

compassionate appointment
writ petition
government resolution
administrative law
education officer

Judgment

2026:BHC-AUG:44330-DB


                                                {1}                     91-wp-9627-2023

                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                               91 WRIT PETITION NO. 9627 OF 2023

                               Kaveri Bhausaheb Jadhav And Another
                                              VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Mr. Sanjay Kolhare, Advocate for the Petitioners
              Mr. N.D. Batule, AGP for State
              Mr. S.M. Pandit, Advocate for Respondents No. 3 and 4
                                               .......

                                     CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.


                                         DATE : 28th SEPTEMBER, 2026
              PER COURT :

              1.    This petition seeks direction to Respondents No. 2 to 4 to

              consider Petitioner No. 2 for appointment on compassionate ground in

              terms of Government Resolution dated 31.12.2002.


              2.    Respondents No. 3 and 4 have filed affidavit in reply stating that

              they are ready to forward proposal of the petitioner to Respondent No.

              2- Education Officer for necessary action and decision.


              3.    By recording said statement as undertaking to this Court, writ

              petition is disposed of by directing Respondents No. 3 and 4 to forward

              the proposal of Petitioner No. 2 within a period of four weeks from the

              date of receipt of copy of this order.
                                {2}                   91-wp-9627-2023

4.       Respondent No. 2 shall consider the said proposal and take

decision on it within a period of eight weeks from the date of its

receipt.



(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde

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