Case Note & Summary
The State of Maharashtra filed a writ petition challenging the judgment and order dated 9th May 2019 passed by the Maharashtra Administrative Tribunal, Mumbai, partly allowing Original Application No.1091 of 2017 filed by the Respondents seeking compassionate appointment. The Respondents are the widow and son of late Akbar Shaikh, a Police Constable who died in harness on 5th July 2000. On 24th December 2004, an application was made for compassionate appointment in favour of Smt. Sherifa, the eldest daughter. A letter dated 8th November 2010 was issued to Sherifa calling her to remain present with original documents as few posts of junior clerks were proposed to be filled. However, Sherifa did not act on the requisition, and instead the mother made an application dated 6th December 2010 informing that Sherifa was already married and the mother was dependent on her minor son Anis aged 15 years. The mother requested to place Anis's name on the waiting list till he attained 18 years. Anis made an application for compassionate appointment on 2nd March 2015, which was rejected by letter/order dated 10th March 2017 on the ground that substitution of name in the waiting list was not permissible. The Respondents challenged this rejection before the Tribunal, which directed consideration of their case for compassionate appointment. The State challenged the Tribunal's order. The High Court dismissed the petition, holding that substitution of name in the waiting list is permissible under the Maharashtra Police Manual and that the son's application was not time-barred as he applied after attaining majority.
Headnote
A) Service Law - Compassionate Appointment - Substitution of Name in Waiting List - Maharashtra Police Manual - The issue was whether substitution of name in the waiting list for compassionate appointment is permissible when the original nominee (eldest daughter) got married and the mother requested substitution with the minor son who later attained majority. The Tribunal directed consideration of the son's application. The High Court upheld the Tribunal's order, holding that substitution is permissible under the Maharashtra Police Manual and that the son's application was not time-barred as he applied after attaining majority. (Paras 1-11)
Issue of Consideration
Whether substitution of name in the waiting list for compassionate appointment is permissible when the original nominee (eldest daughter) got married and the mother requested substitution with the minor son who later attained majority.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order directing consideration of the Respondents' case for compassionate appointment.
Law Points
- Compassionate appointment
- substitution of name in waiting list
- Maharashtra Police Manual
- dependent family member
- minor attaining majority
Case Details
2023 LawText (BOM) (01) 79
WRIT PETITION NO.9197 OF 2022
S.V. GANGAPURWALA, ACJ., SANDEEP V. MARNE, J.
Mr. M. M. Pabale, AGP for Petitioner, Mr. Rajesh M. Kolge for Respondent Nos.1 and 2
The State of Maharashtra through Addl. Chief Secretary, Home Dept., Mantralaya, Mumbai - 32 and The Superintendent of Police, Pune Rural, Chavan Nagar, Pune 411 001
Smt. Rehana Akbar Shaikh and Shri Anis Akbar Shaikh
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Administrative Tribunal directing consideration of compassionate appointment.
Remedy Sought
The State of Maharashtra sought to quash the Tribunal's order dated 9th May 2019 partly allowing Original Application No.1091 of 2017.
Filing Reason
The State challenged the Tribunal's direction to consider the Respondents' case for compassionate appointment, arguing that substitution of name in the waiting list was not permissible.
Previous Decisions
The Tribunal partly allowed Original Application No.1091 of 2017, directing consideration of the Respondents' case for compassionate appointment.
Issues
Whether substitution of name in the waiting list for compassionate appointment is permissible under the Maharashtra Police Manual.
Whether the application for compassionate appointment made by the son after attaining majority was time-barred.
Submissions/Arguments
The State argued that substitution of name in the waiting list is not permissible and that the son's application was made after a long delay.
The Respondents argued that substitution is permissible under the Maharashtra Police Manual and that the son applied after attaining majority, which was within a reasonable time.
Ratio Decidendi
Substitution of name in the waiting list for compassionate appointment is permissible under the Maharashtra Police Manual. The son's application made after attaining majority was not time-barred as he applied within a reasonable time after becoming eligible.
Judgment Excerpts
The State of Maharashtra has filed the present Petition challenging judgment and order dated 9th May 2019 passed by the Maharashtra Administrative Tribunal, Mumbai (“Tribunal”) partly allowing Original Application No.1091 of 2017 filed by Respondents seeking compassionate appointment.
The Tribunal has directed consideration of Respondents’ case for compassionate appointment.
Procedural History
The Respondents filed Original Application No.1091 of 2017 before the Maharashtra Administrative Tribunal challenging the rejection of their application for compassionate appointment. The Tribunal partly allowed the application on 9th May 2019. The State filed Writ Petition No.9197 of 2022 before the Bombay High Court challenging the Tribunal's order. The High Court dismissed the petition on 3rd February 2023.
Acts & Sections
- Maharashtra Police Manual:
