Case Note & Summary
The petitioner, Rahulkumar Tejlal Meshram, was appointed as a Peon on compassionate basis by Respondent No.3/Management on 30.11.2016, following the death of his father. When the management sought approval from the Education Officer (Respondent No.2), it was rejected on the ground that a ban on recruitment was in operation as per Government Resolution dated 12.02.2015. The petitioner filed Writ Petition No.244 of 2018, which was decided on 18.11.2019. The Court held that the ban on recruitment imposed by the GR dated 12.02.2015 would not come in the way of the petitioner, who was appointed on compassionate basis in 2016, and remanded the matter to the Education Officer for fresh consideration in accordance with the GR dated 31.12.2002, which prescribed the procedure for compassionate appointments. Despite this, the Education Officer again rejected the approval, leading to the present writ petition. The Court, after hearing the parties, set aside the impugned order and directed the Education Officer to grant approval to the petitioner's appointment as Peon with effect from 30.11.2016, and to release all consequential benefits within four weeks.
Headnote
A) Service Law - Compassionate Appointment - Recruitment Ban - Government Resolution dated 12.02.2015 - The issue was whether a ban on recruitment imposed by a Government Resolution would apply to a compassionate appointment made prior to the ban. The Court held that the ban would not come in the way of the petitioner who was appointed on compassionate basis in 2016, as the appointment was made before the ban and the GR dated 31.12.2002 governing compassionate appointments would apply. (Paras 3-4) B) Service Law - Remand - Fresh Consideration - The Court remanded the matter to the Education Officer for fresh consideration in accordance with the GR dated 31.12.2002, which prescribed the procedure for making compassionate appointments of teaching and non-teaching staff. (Para 3)
Issue of Consideration
Whether the ban on recruitment imposed by Government Resolution dated 12.02.2015 would apply to a compassionate appointment made in 2016, and whether the Education Officer was justified in rejecting approval on that ground.
Final Decision
The Court allowed the writ petition, set aside the impugned order, and directed the Education Officer to grant approval to the petitioner's appointment as Peon with effect from 30.11.2016 and release all consequential benefits within four weeks.
Law Points
- Compassionate appointment
- recruitment ban
- Government Resolution
- retrospective application
- approval of appointment
