Case Note & Summary
The petitioner, Firdous Mohammad Yunus Patel, was the second wife of Mohammad Yunus Patel, a police constable who died in a burn accident in 2008 along with his first wife, Raisa. Mohammad had three children from Raisa, who were taken care of by their maternal uncle. Firdous had two children from Mohammad. After Mohammad's death, Firdous applied for compassionate appointment in government service on 20th November 2009. The government rejected her application citing Clause (E) of a Government Resolution dated 28th March 2001, which disqualified families with more than two children from compassionate appointment. Firdous made several representations, including to the Home Minister, but received no relief. She then filed a writ petition in the Bombay High Court. The court noted the exceptional circumstances: the children from the first wife were not Firdous's own, and she had no control over the family size. The court held that the policy must be read down to avoid injustice, and directed the respondents to grant her compassionate appointment within four weeks. The court also observed that the petitioner had been waiting for over a decade and that the policy was not intended to penalize widows in such situations.
Headnote
A) Compassionate Appointment - Government Policy - Family Size Restriction - Government Resolution dated 28th March 2001, Clause (E) - The petitioner, widow of a police constable who died in a burn accident, sought compassionate appointment. The government rejected her application citing a policy that disqualified families with more than two children. The court held that the policy must be read down in exceptional circumstances, especially where the children are from the deceased's first wife and not the petitioner's own children. The court directed the respondents to consider the petitioner's application sympathetically and grant her compassionate appointment within four weeks. (Paras 1-12) B) Compassionate Appointment - Humanitarian Consideration - Exceptional Circumstances - The court emphasized that while government policies serve valid purposes, they cannot be applied mechanically to cause injustice. The petitioner had been waiting for over a decade, and the policy was not intended to penalize widows who had no control over the deceased's family size. The court directed the respondents to relax the policy in this case. (Paras 2-11)
Issue of Consideration
Whether the widow of a deceased government servant, who was the second wife and had children from the first wife, is entitled to compassionate appointment despite a government policy restricting such appointment to families with only two children.
Final Decision
The court allowed the writ petition and directed the respondents to consider the petitioner's application sympathetically and grant her compassionate appointment within four weeks from the date of the order.
Law Points
- Compassionate appointment
- Government Resolution
- policy interpretation
- humanitarian consideration
- exceptional circumstances
- family size restriction
- second wife
- children from first wife
