Case Note & Summary
The petitioner, Shubham Ishrawat, filed a writ petition seeking a direction to the respondents to consider his claim for compassionate appointment. His father, Surendra Kumar Ishrawat, a Headmaster with Zilla Parishad, Gondia, died in harness on 07.08.2012. The petitioner's mother, Sangita, applied for compassionate appointment on 06.12.2012 and her name was included in the waiting list. However, no appointment was made for several years. In 2016, the mother requested substitution of her son's name in the waiting list. The respondents replied on 02.02.2017 stating that there is no provision for substitution and that the mother's name was deleted as she had attained the age of 45 years, making her ineligible under the policy. The petitioner then made representations but to no avail. The respondents denied the claim, asserting that the policy does not allow substitution. The court, after hearing the parties, dismissed the petition, holding that there is no provision for substitution of name in the waiting list for compassionate appointment and that the petitioner has no vested right to such substitution. The court emphasized that compassionate appointment is an exception to the general rule of equality and must be strictly construed. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Compassionate Appointment - Substitution of Name - No Provision - The petitioner sought substitution of his name in the waiting list for compassionate appointment after his mother's name was deleted due to age. The court held that there is no provision in the Government Resolution for substitution of name, and the claim based on mere expectation cannot be enforced. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to substitution of his name in the waiting list for compassionate appointment after his mother's name was deleted due to age ineligibility.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Compassionate appointment
- substitution of name
- waiting list
- no vested right
- policy interpretation
- government resolution
Case Details
2023 LawText (BOM) (10) 201
Writ Petition No. 3187 of 2022
Avinash G. Gharote, Urmila Joshi-Phalke
Ms. Naziya Pathan for petitioner, Mr. Zaheer h/f Mr. Abhijit Parihar for respondent Nos.2 and 4, Mr. M. K Pathan AGP for respondent/State
Shubham S/o Surendra Kumar Ishrawat
State of Maharashtra, Chief Executive Officer Zilla Parishad Gondia, Collector Gondia, Block Development Officer Panchayat Samiti Aamgaon
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Nature of Litigation
Writ petition seeking direction to consider claim for compassionate appointment.
Remedy Sought
Direction to respondent No.2 to consider petitioner's application for grant of compassionate appointment.
Filing Reason
Respondents refused to substitute petitioner's name in the waiting list for compassionate appointment after his mother's name was deleted due to age.
Previous Decisions
Mother's name was deleted from waiting list as she attained age of 45 years and became ineligible under policy.
Issues
Whether the petitioner is entitled to substitution of his name in the waiting list for compassionate appointment after his mother's name was deleted due to age ineligibility.
Submissions/Arguments
Petitioner: Mother applied within time, name was in waiting list, but no appointment made; substitution of son's name should be allowed as per scheme.
Respondents: No provision for substitution in policy; mother's name deleted due to age; petitioner has no right to substitution.
Ratio Decidendi
There is no provision in the Government Resolution for substitution of name in the waiting list for compassionate appointment. The claim based on mere expectation cannot be enforced.
Judgment Excerpts
By this petition, the petitioner is seeking the direction to the respondents to consider the claim of the present petitioner for the compassionate appointment.
The respondent Nos.2 and 4 denied the entire contentions of the petitioners on the ground that there is no provision in the policy of the substitution as wife of the deceased employee had attained the age of 45 years and now in view of policy she is not eligible for appointment on compassionate ground.
Procedural History
Petitioner's father died on 07.08.2012. Mother applied on 06.12.2012. Name included in waiting list. Mother requested substitution of son's name on 13.10.2016. Respondents replied on 02.02.2017 denying substitution. Petitioner filed writ petition in 2022.
