Case Note & Summary
The petitioner, Vinod Budhbaware, filed a writ petition challenging the order of the Education Officer (Secondary), Zilla Parishad, Wardha, dated 20th July 2022, which declined to grant approval to his appointment on compassionate grounds. The petitioner's brother, Pundlik Budhbaware, was an Assistant Teacher at Respondent No.4 School and died on 8th April 2013. He was survived by his mother, wife, minor son, brother (petitioner), and married sister. Except the married sister, all were unemployed and dependent on the deceased. On 26th April 2013, the petitioner applied for compassionate appointment, and the widow, Vijayalaxmi, endorsed the application, expressing her inability to accept employment but consenting to the petitioner's appointment. The Respondent No.3 Society appointed the petitioner as a Junior Clerk on 30th April 2013 on a permanent sanctioned post. The Headmistress sought approval from the Education Officer, but the Education Officer refused approval citing Government Resolutions dated 31st December 2002 and 21st September 2017, which restrict compassionate appointment to the widow/children. The court analyzed the facts and the policy, noting that the petitioner was a dependant and the widow had consented. The court held that the policy is directory, not mandatory, and that the appointment was valid. The court allowed the petition, quashed the impugned order, and directed the Education Officer to grant approval to the petitioner's appointment within four weeks.
Headnote
A) Compassionate Appointment - Eligibility - Brother of Deceased Employee - Government Resolutions dated 31st December 2002 and 21st September 2017 - The court considered whether the brother of a deceased teacher, who was a dependant and had the consent of the widow, could be granted compassionate appointment despite the policy restricting it to widow/children. Held that the policy is directory, not mandatory, and the appointment was valid as the brother was a dependant and the widow had consented. (Paras 1-10) B) Compassionate Appointment - Policy - Directory vs Mandatory - Government Resolutions - The court held that the Government Resolutions dated 31st December 2002 and 21st September 2017, which restrict compassionate appointment to widow/children, are directory in nature and do not bar appointment of other dependant family members in exceptional circumstances. (Paras 8-10) C) Compassionate Appointment - Consent of Widow - Validity - The widow of the deceased had expressed inability to accept employment and consented to the appointment of the brother. The court held that such consent, coupled with the brother being a dependant, justified the appointment. (Paras 2-10)
Issue of Consideration
Whether the brother of a deceased employee is entitled to compassionate appointment under the Government Resolutions dated 31st December 2002 and 21st September 2017, which restrict such appointment to the widow/children, and whether the policy is mandatory or directory.
Final Decision
The petition is allowed. The impugned order dated 20th July 2022 is quashed and set aside. The Education Officer (Secondary), Zilla Parishad, Wardha is directed to grant approval to the petitioner's appointment within four weeks.
Law Points
- Compassionate appointment
- Government Resolution
- directory vs mandatory
- dependant family member
- brother
- widow's consent
- policy interpretation
