Case Note & Summary
The judgment pertains to two writ petitions filed by Amol Sahebrao Suryawanshi and Avinash Badrinath Borude against the State of Maharashtra and Zilla Parishad, Aurangabad. The petitioners sought compassionate appointment after the death of their fathers, who were permanent employees of the Zilla Parishad but were paid from the self-generated funds of the Parishad. The Zilla Parishad had adopted the State Government's compassionate appointment scheme. The core issue was whether such employees, paid from self-generated funds, are eligible under the scheme. The court, after hearing arguments, held that the source of salary is irrelevant; the employees being on the regular establishment of the Zilla Parishad makes them eligible. The court allowed the petitions, directing the respondents to consider the petitioners for compassionate appointment in accordance with the scheme.
Headnote
A) Service Law - Compassionate Appointment - Eligibility - Permanent Employee Paid from Self-Generated Funds - Whether a permanent employee on the establishment of Zilla Parishad, paid from self-generated funds, is eligible for compassionate appointment under the scheme adopted by the State Government - The court held that the source of salary does not affect the eligibility; the employee being on the regular establishment of Zilla Parishad is sufficient for consideration under the compassionate appointment scheme (Paras 2-3).
Issue of Consideration
Whether a permanent employee on the establishment of Zilla Parishad, who was/is paid from self generated funds/income of the Zilla Parishad is eligible for application of compassionate appointment scheme.
Final Decision
The court allowed the petitions, holding that the source of salary does not affect eligibility. The respondents are directed to consider the petitioners for compassionate appointment in accordance with the scheme.
Law Points
- Compassionate appointment
- Zilla Parishad
- self-generated funds
- permanent employee
- eligibility
