Case Note & Summary
The petitioner, Pornima Mohansing Pawar, filed a writ petition before the Bombay High Court at Nagpur seeking restoration of her name in the waiting list dated 10.06.2021 for compassionate appointment and a direction to the respondents (Zilla Parishad, Gondia and its CEO) to consider her claim for appointment on compassionate grounds. The petitioner's father, Mohansingh Pawar, died on 23.10.2005 while working as an Attendant in Zilla Parishad, Gondia. In 2006, the petitioner's mother, Premlata Mohansing Pawar, applied for compassionate appointment and her name was included in the waiting list. In 2011, the mother requested that her name be replaced with the petitioner's name, which was accepted, and the petitioner's name was placed in the waiting list. The petitioner's name remained in the waiting list until the respondents removed it without any prior notice or intimation. The petitioner contended that the removal was illegal and arbitrary. The respondents argued that the waiting list was valid only for three years and had lapsed, and that the petitioner was not entitled to compassionate appointment as she was a major at the time of her father's death. The court examined the facts and found that the petitioner's name was in the waiting list since 2011 and was removed without any notice. The court held that the removal without notice violated principles of natural justice. The court directed the respondents to restore the petitioner's name in the waiting list and to consider her claim for compassionate appointment afresh, in accordance with the rules and policy in force, within a period of three months. The writ petition was allowed in those terms.
Headnote
A) Service Law - Compassionate Appointment - Waiting List - Removal Without Notice - The removal of a candidate's name from the waiting list for compassionate appointment without any prior notice or intimation is arbitrary and violative of principles of natural justice - The court held that the petitioner's name must be restored to the waiting list and her claim for compassionate appointment must be considered afresh (Paras 3-7).
Issue of Consideration
Whether the removal of the petitioner's name from the waiting list for compassionate appointment without prior notice or opportunity of hearing is arbitrary and violative of principles of natural justice.
Final Decision
The writ petition is allowed. The respondents are directed to restore the name of the petitioner in the waiting list dated 10.06.2021 and to consider her claim for appointment on compassionate ground afresh, in accordance with the rules and policy in force, within a period of three months from the date of the order.
Law Points
- Compassionate appointment
- waiting list
- removal without notice
- natural justice
- right to be heard
