Case Note & Summary
The petitioner, Durga Ramesh Berdia, is the daughter of late Ramesh Berdia, who worked as a Motor Loader in the Solid Waste Management Department of the Municipal Corporation of Greater Bombay (MCGM). Ramesh died on duty on December 29, 2001, leaving behind his ex-wife and two daughters, including Durga. Durga applied for a job on compassionate ground on March 15, 2002, and submitted the requisite documents. She was appointed vide order dated April 21, 2015, but was allotted to the E-Central Department, which she considered unsafe for girls. She requested a transfer to East Byculla, and her appointment was kept on hold. She visited the department on various occasions but her appointment was not confirmed. She filed a writ petition seeking confirmation of her appointment and backwages. The court noted that the application was made promptly after the death, but the employer delayed processing it. The court held that the petitioner is entitled to consideration for compassionate appointment and directed the MCGM to consider her application afresh and pass an appropriate order within four weeks. However, the court denied backwages as she did not actually work. The petition was disposed of accordingly.
Headnote
A) Compassionate Appointment - Delay and Laches - Entitlement Despite Delay - The court considered whether a writ petition filed after a long delay should be entertained for compassionate appointment. The court held that while delay and laches are relevant, the claim for compassionate appointment is not barred by limitation and the employer must consider the application on merits, especially when the application was made promptly after the death. (Paras 1-10) B) Compassionate Appointment - Backwages - Not Entitled - The court held that the petitioner is not entitled to backwages for the period she did not actually work, as compassionate appointment is not a mode of recruitment but a relief to tide over the crisis. (Para 10)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment and backwages despite the delay in approaching the court and the passage of time since the death of the employee.
Final Decision
The court directed the MCGM to consider the petitioner's application for compassionate appointment afresh and pass an appropriate order within four weeks. The petitioner is not entitled to backwages. The petition is disposed of.
Law Points
- Compassionate appointment
- delay in seeking remedy
- laches
- limitation
- writ jurisdiction
- public employment
