Mumbai: The Bombay high court has directed the state government to regularise the job of a widow in a government school who was given a job on compassionate grounds by the school management.
The state government refused to regularise her job as there was a stay on approvals as per the 2012 state decision. But the court held that jobs given on compassionate grounds were not fresh jobs and hence, not in want of approval by the state.
A division bench of Justices S.C. Dharmadhikari and Bharati Dangre was hearing the petition filed by Samita Desai seeking directions to the state to regularise her post. The petition also sought directions to the state to pay her the dues accrued to her while working as a peon in the school.
According to the plea, Desai’s husband, Sameer, worked as a peon in the school and his post was an approved one with his salary being paid by the government. However, he died on November 2, 2011 and Samita was left with two minor children. On March 26, 2012, the school management decided to appoint her in place of her husband on compassionate grounds.
The school sent an application on August 7, 2012 to the education department to regularise Samita’s job, which was refused on grounds that there was a ban on approving new staff since May 2, 2012. Thereafter, Samitai and the school approached the court.
Public prosecutor, Shruti Vyas, argued that there was a ban on approvals and the post had not been sanctioned as per the 2013-14 staffing pattern for the school.
The court, however, rejected the contentions and stated that Samita’s appointment was done as per a December 2, 2002 state order which superseded the 2012 ban.
