Case Note & Summary
The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging the order of the Maharashtra Administrative Tribunal (MAT) which directed the MCGM to consider the respondent's application for compassionate appointment. The respondent's father, a permanent employee of MCGM, died in harness on 15th July 2018. The respondent applied for compassionate appointment on 24th July 2018 under the MCGM's Compassionate Appointment Scheme. However, the MCGM rejected the application on the ground that as per the amended scheme dated 1st January 2018, compassionate appointment was only available to dependents of employees who died before the age of 45 years, and the deceased employee was 57 years old at the time of death. The respondent challenged this rejection before the MAT, which allowed the application and directed the MCGM to consider the respondent's case. The MCGM then filed the present writ petition. The court examined the purpose of compassionate appointment, which is an exception to Articles 14 and 16 of the Constitution, aimed at providing immediate relief to the family in penury. The court noted that the scheme must be interpreted liberally to achieve its objective. The court held that the amendment to the scheme cannot be applied retrospectively to deny the benefit to the respondent, as the employee died in harness and the application was made within the prescribed time. The court dismissed the petition, upholding the MAT's order and directing the MCGM to consider the respondent's application for compassionate appointment in accordance with the scheme.
Headnote
A) Service Law - Compassionate Appointment - Exception to Equality Clause - Articles 14 and 16 of the Constitution of India - Compassionate appointment is an exception to the equality clause and is aimed at providing immediate succor to the family in penury. The scheme must be interpreted liberally to achieve its objective. (Paras 2-3) B) Service Law - Compassionate Appointment - Scheme Interpretation - MCGM Compassionate Appointment Scheme - The scheme is not a vested right but a beneficial measure. The court held that the scheme should be applied in a manner that does not defeat its purpose. (Paras 4-6) C) Service Law - Compassionate Appointment - Death in Harness - MCGM Compassionate Appointment Scheme - The employee died in harness, and the respondent applied within the prescribed time. The court held that the amendment to the scheme cannot be applied retrospectively to deny the benefit. (Paras 7-9)
Issue of Consideration
Whether the respondent is entitled to compassionate appointment under the MCGM scheme despite the death of the employee occurring after the scheme was amended?
Final Decision
The court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal. The MCGM was directed to consider the respondent's application for compassionate appointment in accordance with the scheme.
Law Points
- Compassionate appointment is an exception to Articles 14 and 16 of the Constitution
- Scheme of compassionate appointment must be interpreted liberally
- Compassionate appointment is not a vested right but a scheme to provide immediate relief
- The purpose is to save the family from penury
- The scheme applies only when employee dies in harness or is medically boarded out
