Case Note & Summary
The petitioner, Durgadas Sunil Saindane, filed a writ petition before the Bombay High Court (Aurangabad Bench) seeking compassionate appointment after the death of his father, a municipal employee, on 27.02.2012. His mother, the widow, initially applied for compassionate appointment when she was under 45 years of age and was placed on a waiting list. However, over time, she crossed 45 years and is now around 55-56 years old. The petitioner's representation dated 08.10.2018 to the Municipal Corporation, Jalgaon, seeking his own appointment in place of his mother, was rejected by communication dated 15.04.2017. The petitioner challenged this rejection and sought directions to add his name to the compassionate appointment waiting list. The court noted that the widow, if appointed now, would serve only 4-5 years before retirement at age 60, would not be entitled to pension, and would lose the family pension currently payable on account of the deceased husband's service. The court observed that the Central Government's 'Scheme For Compassionate Appointment Under Central Government' dated 02.08.2022, adopted by the State of Maharashtra, contains Clause 7B which allows a dependent son to be considered for compassionate appointment if the widow becomes ineligible due to age or other reasons. The court found that neither party was aware of this scheme. The court directed the respondent No.2 (Municipal Corporation, Jalgaon) to decide the petitioner's representation dated 08.10.2018 afresh, in light of Clause 7B of the said scheme, within a period of four weeks from the date of the order. The petition was disposed of accordingly.
Headnote
A) Compassionate Appointment - Overaged Widow - Substitution by Son - Clause 7B of Scheme for Compassionate Appointment Under Central Government, 2022 - The petitioner's father died in 2012; his mother applied for compassionate appointment but became overaged (now 55-56). The court considered whether the son could claim appointment under Clause 7B, which allows a dependent son to be considered if the widow becomes ineligible due to age. The court directed the respondent to decide the petitioner's representation in light of Clause 7B, noting that the widow would only serve 4-5 years before retirement and would lose pension. (Paras 4-6) B) Compassionate Appointment - Pension Stoppage - Economic Hardship - Clause 7B - The court observed that granting appointment to the widow would result in loss of family pension and only a few years of service, which may not alleviate financial distress. Clause 7B provides a mechanism for the son to claim appointment, which could provide longer service and better financial stability. (Para 4) C) Compassionate Appointment - Scheme for Compassionate Appointment Under Central Government, 2022 - Adoption by State - The court noted that the Central Scheme dated 02.08.2022 was adopted by the State of Maharashtra and its Clauses 7A and 7B are relevant. The court directed the respondent to consider the petitioner's representation dated 08.10.2018 in light of Clause 7B. (Paras 5-6)
Issue of Consideration
Whether the petitioner, son of a deceased employee, can claim compassionate appointment under Clause 7B of the Central Government's Scheme for Compassionate Appointment when his mother (the widow) has become overaged and is no longer eligible for appointment.
Final Decision
The petition is disposed of with a direction to Respondent No.2 to decide the petitioner's representation dated 08.10.2018 afresh, in light of Clause 7B of the Scheme for Compassionate Appointment Under Central Government dated 02.08.2022, within a period of four weeks from the date of the order.
Law Points
- Compassionate appointment
- Scheme for Compassionate Appointment Under Central Government
- Clause 7B
- overaged widow
- dependent son
- substitution of claim
- pension stoppage
- retirement age
- class IV employee
