Case Note & Summary
The petitioners, Smt. Anita Bhujang Wagalgave and others, filed a writ petition before the Bombay High Court at Aurangabad seeking a writ of mandamus directing the respondents to consider their representation dated 17-12-2019 and to include the name of Shri Nagraj Bhujang Wagalgave in the list of relatives of deceased/retired employees for appointment on compassionate ground. The petitioners are the family members of the deceased employee Bhujang Wagalgave, who was employed under the Zilla Parishad, Latur. The respondents included the State of Maharashtra, the Chief Executive Officer of Zilla Parishad, Latur, and the Block Development Officer. The petitioners argued that despite the death of the employee, their representation for compassionate appointment was not considered. The court, after hearing the parties, observed that the delay in making the representation should not be a ground to reject the claim outright. The court directed the respondents to consider the representation and decide it within a reasonable time, as the right to compassionate appointment is not extinguished by delay alone. The judgment was delivered by a division bench comprising Justice Ravindra V. Ghuge and Justice S. G. Dige on 12th April 2022.
Headnote
A) Service Law - Compassionate Appointment - Delay in Representation - Right to Consideration - Maharashtra Zilla Parishad and Panchayat Samiti Service (Recruitment) Rules, 1967 - The petitioners sought mandamus to consider their representation for compassionate appointment for Nagraj, son of deceased employee Bhujang Wagalgave. The court held that delay in making representation does not extinguish the right to compassionate appointment if the claim is otherwise valid. The court directed the respondents to consider the representation and decide it within a reasonable time. (Paras 1-3)
Issue of Consideration
Whether the petitioners are entitled to a direction to the respondents to consider the representation dated 17-12-2019 and include the name of Nagraj Bhujang Wagalgave in the list of relatives of deceased/retired employees for appointment on compassionate ground.
Final Decision
The court allowed the writ petition and directed the respondents to consider the representation dated 17-12-2019 and decide it within a reasonable time.
Law Points
- Compassionate appointment
- Delay in representation
- Right to consideration
- Maharashtra Zilla Parishad and Panchayat Samiti Service (Recruitment) Rules
- 1967
