Case Note & Summary
The petitioner, Payal Puran Patle, filed a writ petition seeking restoration of her name in the waiting list for compassionate appointment after it was deleted by the Zilla Parishad, Chandrapur, based on a Government Resolution dated 20.5.2015. The petitioner's father, Puran Mohanlal Patle, died while serving as a Live Stock Supervisor in the Zilla Parishad on 17.7.2013. The mother, Devita Puran Patle, applied for compassionate appointment on 5.8.2013 and her name was included in the waiting list. However, due to health problems, the mother requested substitution of the petitioner's name. The Block Development Officer forwarded the proposal on 7.3.2014, and the petitioner's name was included in the waiting list published on 28.2.2015 at Serial No.157. The name was continued in the waiting list published on 1.11.2017. However, in view of the Government Resolution dated 20.5.2015, the petitioner's name was deleted from the waiting list published in June 2018. Before deletion, the respondent No.1 issued a letter on 9.4.2018 to the Chief Executive Officer, Zilla Parishad. The court considered the submissions of the petitioner's counsel that the substitution was made prior to the Government Resolution and the petitioner's name was already in the waiting list. The court held that the deletion was not justified and directed the respondents to restore the petitioner's name in the waiting list and consider her for compassionate appointment as per the rules. The writ petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Waiting List - Substitution of Name - The petitioner's mother initially applied for compassionate appointment after her husband's death, but due to health issues, requested substitution of the petitioner's name. The name was included in the waiting list. Subsequently, the name was deleted based on a Government Resolution dated 20.5.2015. The court held that the deletion was not justified as the substitution was made prior to the Government Resolution and the petitioner's name was already in the waiting list. The court directed restoration of the petitioner's name in the waiting list and consideration for appointment as per rules. (Paras 1-10)
Issue of Consideration
Whether the deletion of the petitioner's name from the waiting list for compassionate appointment on the basis of a subsequent Government Resolution was justified, and whether the petitioner is entitled to restoration of her name in the waiting list.
Final Decision
The writ petition is allowed. The respondents are directed to restore the petitioner's name in the waiting list for compassionate appointment and consider her for appointment as per the rules.
Law Points
- Compassionate appointment
- waiting list
- substitution of name
- Government Resolution
- deletion from waiting list
- right to be considered
Case Details
2022 LawText (BOM) (08) 148
Writ Petition No.382 of 2022
A.S. Chandurkar, Urmila Joshi-Phalke
Shri P.S. Kshirsagar for Petitioner, Smt. S.S. Jachak for Respondent Nos.1 and 2
The State of Maharashtra, The State of Maharashtra (General Administration Department), The Zilla Parishad, Chandrapur
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Nature of Litigation
Writ petition challenging deletion of name from waiting list for compassionate appointment.
Remedy Sought
Restoration of petitioner's name in the waiting list for compassionate appointment and consideration for appointment.
Filing Reason
Petitioner's name was deleted from the waiting list for compassionate appointment based on a Government Resolution dated 20.5.2015, despite her name being substituted prior to that resolution.
Issues
Whether the deletion of the petitioner's name from the waiting list for compassionate appointment on the basis of a subsequent Government Resolution was justified.
Whether the petitioner is entitled to restoration of her name in the waiting list.
Submissions/Arguments
Petitioner's counsel argued that the substitution of the petitioner's name was made prior to the Government Resolution dated 20.5.2015 and the petitioner's name was already in the waiting list, so deletion was not justified.
Respondent's counsel argued in support of the deletion based on the Government Resolution.
Ratio Decidendi
The deletion of the petitioner's name from the waiting list for compassionate appointment based on a subsequent Government Resolution was not justified as the substitution of the petitioner's name was made prior to the resolution and the name was already in the waiting list. The petitioner is entitled to restoration of her name and consideration for appointment.
Judgment Excerpts
Father of the petitioner, namely, Shri Puran Mohanlal Patle was appointed as a Live Stock Supervisor in the Zilla Parishad, Chandrapur. He died on 17.7.2013 while in service.
Mother of the petitioner, namely, Smt. Devita Puran Patle had filed an application for compassionate appointment on 5.8.2013.
The Block Development Officer, Panchayat Samiti, Bramhapuri forwarded the said proposal to the respondent No.3 to substitute the name of petitioner in the waiting list on 7.3.2014.
In view of the Government Resolution dated 20.5.2015 the name of the petitioner was deleted from waiting list published in June 2018.
Procedural History
The petitioner's father died on 17.7.2013. Mother applied for compassionate appointment on 5.8.2013. Name included in waiting list. Mother requested substitution of petitioner's name on 7.3.2014. Petitioner's name included in waiting list on 28.2.2015 and continued on 1.11.2017. Name deleted in June 2018 based on Government Resolution dated 20.5.2015. Petitioner filed writ petition in 2022.
