Case Note & Summary
The petitioner, Nishadraj Sawant, filed a writ petition seeking appointment on compassionate grounds after the death of his father, Ankush Sawant, a permanent employee of Zilla Parishad, Amravati, who died in service on 04/04/2016. The petitioner's mother submitted an application for compassionate appointment on 07/02/2017, within one year of the death. The mother died on 09/01/2018. After the mother's death, the petitioner, who was a minor at the time of his father's death, submitted documents on 29/03/2022. However, respondent No.2 rejected the claim on 22/04/2022 on the ground that the petitioner had not applied within one year of attaining majority. The court observed that the petitioner was a minor when his father died and the application was made by his mother within time. The court held that the one-year limitation period cannot be applied strictly against a minor who was not capable of applying on his own. The court quashed the impugned order and directed respondent No.2 to consider the petitioner's claim for compassionate appointment on its own merits within four weeks.
Headnote
A) Compassionate Appointment - Limitation Period - Minor Applicant - The rejection of a compassionate appointment claim on the ground that the application was not made within one year of attaining majority is unsustainable when the applicant was a minor at the time of the employee's death and the initial application was made by the mother within time. The court held that the one-year limitation period cannot be applied strictly against a minor who was not capable of applying on his own. (Paras 5-6)
Issue of Consideration
Whether the rejection of a compassionate appointment claim on the ground that the application was not made within one year of attaining majority is sustainable when the applicant was a minor at the time of the employee's death and the application was made by the mother within time.
Final Decision
The impugned order dated 22/04/2022 is quashed and set aside. Respondent No.2 is directed to consider the petitioner's claim for appointment on compassionate ground on its own merits within four weeks from the date of the order.
Law Points
- Compassionate appointment
- Limitation period
- Minor applicant
- Attaining majority
- One-year rule
- Government Resolution
- Zilla Parishad
Case Details
2023 LawText (BOM) (01) 294
Writ Petition No.5152 of 2022
Rohit B. Deo, Y.G. Khobragade
Mr. G.N. Khanzode for Petitioner, Mrs. Kalyani Deshpande A.G.P. for Respondent No.1, Mr. M.A. Sable for Respondent Nos.2 & 3
Shri Nishadraj s/o Ankush Sawant
State of Maharashtra, Chief Executive Officer, Zilla Parishad, Amravati, Education Officer (Primary), Zilla Parishad, Amravati
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Nature of Litigation
Writ petition seeking appointment on compassionate ground and quashing of rejection order.
Remedy Sought
Petitioner seeks issuance of writ directing respondent No.2 to consider his claim for compassionate appointment and quashing of order dated 22/04/2022.
Filing Reason
Rejection of compassionate appointment claim on ground of delay in applying after attaining majority.
Previous Decisions
Respondent No.2 rejected the claim on 22/04/2022 stating that the petitioner should have applied within one year of attaining majority.
Issues
Whether the rejection of compassionate appointment claim on the ground of delay in applying after attaining majority is valid when the applicant was a minor at the time of employee's death and initial application was made by mother within time.
Submissions/Arguments
Petitioner argued that he was a minor when his father died and his mother applied within time; after mother's death, he submitted documents as required.
Respondents resisted but did not file replies despite time granted.
Ratio Decidendi
The one-year limitation period for applying for compassionate appointment after attaining majority cannot be strictly applied against a minor who was not capable of applying on his own. The initial application made by the mother within time is sufficient.
Judgment Excerpts
In the case in hand, it prima facie appears that Late Ankush Sawant the father of the petitioner, who was permanent employee of respondent No.3, which comes under the control and administration of respondent No.2, died while in service on 04/04/2016.
The petitioner was minor at the time of death of his father and the application was made by his mother within time. The one-year limitation period cannot be applied strictly against a minor who was not capable of applying on his own.
Procedural History
Father died on 04/04/2016. Mother applied on 07/02/2017. Mother died on 09/01/2018. Petitioner submitted documents on 29/03/2022. Respondent rejected on 22/04/2022. Petitioner filed writ petition in 2022. Judgment on 21/02/2023.
