Case Note & Summary
The petitioner, Shubhangi Vitthal Kamodkar, filed a writ petition before the Bombay High Court seeking quashing of a letter dated 22 June 2021 issued by the Deputy Commissioner, Public Service Department of Nashik Municipal Corporation, and for directions to substitute her name in place of her brother's name in the waitlist for appointment on compassionate ground. The petitioner's father, an employee of Nashik Municipal Corporation, died on 27 April 2014 while discharging duties. After his death, the petitioner's brother, Gouresh Kamodkar, applied for compassionate appointment on 17 May 2014. The petitioner completed her graduation in 2018 and became eligible for compassionate appointment. On 5 June 2021, she requested the corporation to substitute her name for her brother's in the waitlist, and her brother submitted a no-objection letter. However, the corporation issued a letter to the brother on 22 June 2021 asking him to submit documents for confirmation of his candidature, which the petitioner treated as a rejection of her request. The court considered the issue of whether substitution of name is permissible. The court noted that the brother had no objection and the petitioner had become eligible. The court held that the object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee, and substitution of a more eligible family member is permissible if the original applicant has no objection. The court allowed the petition, quashed the letter dated 22 June 2021, and directed the corporation to substitute the petitioner's name in the waitlist and consider her for appointment.
Headnote
A) Service Law - Compassionate Appointment - Substitution of Name - The petitioner sought substitution of her name in place of her brother's name in the waitlist for compassionate appointment after her brother gave no objection. The court held that since the brother had no objection and the petitioner became eligible after completing graduation, the substitution should be allowed. (Paras 1-13)
Issue of Consideration
Whether the petitioner is entitled to substitution of her name in place of her brother's name in the waitlist for compassionate appointment, given that her brother had no objection and she became eligible after his application.
Final Decision
Petition allowed. Letter dated 22 June 2021 quashed. Respondents directed to substitute petitioner's name in the waitlist and consider her for appointment on compassionate ground.
Law Points
- Compassionate appointment
- substitution of name
- waitlist
- eligibility
- no objection
- family member
