Case Note & Summary
The petitioners, Jagdish Pundlik Wagh and Yashwant Jagdish Wagh, filed a writ petition before the Bombay High Court seeking a writ of mandamus directing the respondents, including the State of Maharashtra and various officers of the Soil and Water Conservation Department, to consider their application for compassionate appointment. The petitioners claimed that the deceased employee, Pundlik Wagh, died on 10th August 2008, and the petitioners applied for compassionate appointment on 30th June 2020, after a delay of about 12 years. The court noted that the application was made beyond the prescribed time limit under the Maharashtra Civil Services (Compassionate Appointment) Rules, 2016. The court held that the petitioners failed to provide any explanation for the delay and that the writ of mandamus cannot be issued to compel the respondents to consider a belated application. The court dismissed the writ petition, stating that the petitioners are not entitled to any relief.
Headnote
A) Service Law - Compassionate Appointment - Limitation - Maharashtra Civil Services (Compassionate Appointment) Rules, 2016 - The petitioners sought a writ of mandamus for compassionate appointment after a delay of about 12 years from the date of death of the deceased employee. The court held that the application for compassionate appointment must be made within the time prescribed under the Rules, and the petitioners failed to do so. The writ petition was dismissed as the petitioners did not apply within the prescribed time limit. (Paras 1-6)
Issue of Consideration
Whether the petitioners are entitled to a writ of mandamus directing the respondents to consider their application for compassionate appointment, given that the application was made after a delay of about 12 years from the date of death of the deceased employee.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Compassionate appointment
- Limitation
- Mandamus
- Delay and laches
- Maharashtra Civil Services (Compassionate Appointment) Rules
- 2016
