Case Note & Summary
The petitioner, Smt. Varsha Deepak Desale, filed a writ petition challenging the order dated 04.12.2019 passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon, which rejected her proposal for appointment on compassionate ground as a Peon in respondent No. 3 School. The petitioner's husband, Deepak Desale, was employed as a Peon in the same school and passed away on 26.09.2018. On 06.10.2018, the petitioner applied for compassionate appointment. The school, by resolution dated 27.10.2018, appointed her as a Peon on 01.11.2018 and forwarded the proposal to the Education Officer on 27.11.2018. However, the Education Officer rejected the proposal on 04.12.2019, citing a Government Resolution dated 05.12.2018 which abolished compassionate appointments in aided schools. The petitioner argued that the GR was issued after her husband's death and could not be applied retrospectively. The Court agreed, holding that the right to compassionate appointment crystallized on the date of the employee's death, and the subsequent GR could not defeat that right. The Court quashed the impugned order and directed the Education Officer to grant approval to the petitioner's appointment as Peon on compassionate ground from 01.11.2018 and to pay her salary from that date.
Headnote
A) Service Law - Compassionate Appointment - Government Resolution - Retrospective Effect - The issue was whether a Government Resolution dated 05.12.2018, which abolished compassionate appointments in aided schools, could be applied to deny the claim of a widow whose husband died on 26.09.2018, prior to the issuance of the GR. The Court held that the GR cannot be applied retrospectively and that the petitioner's right to compassionate appointment crystallized on the date of her husband's death. The impugned order rejecting the proposal was quashed and set aside. (Paras 1-10) B) Service Law - Compassionate Appointment - Aided School - Approval - The petitioner, widow of a deceased peon, applied for compassionate appointment on 06.10.2018 and was appointed by the school on 01.11.2018. The Education Officer rejected the proposal on 04.12.2019 citing the GR dated 05.12.2018. The Court held that the GR was not in existence at the time of death and could not be applied retrospectively, and directed the Education Officer to grant approval and pay salary from the date of initial appointment. (Paras 2-10)
Issue of Consideration
Whether the Government Resolution dated 05.12.2018, which abolished compassionate appointments in aided schools, can be applied retrospectively to deny the petitioner's claim when her husband died on 26.09.2018, prior to the issuance of the GR.
Final Decision
The impugned order dated 04.12.2019 is quashed and set aside. The respondent No. 2 - Education Officer is directed to grant approval to the petitioner's appointment as Peon on compassionate ground from 01.11.2018 and to pay her salary from that date.
Law Points
- Compassionate appointment
- Government Resolution
- Retrospective application
- Aided school
- Widow appointment
- Peon post
