Case Note & Summary
The petitioner, Sunil Gundu Desai, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, seeking a writ of certiorari to quash and set aside the impugned order dated 31st March 2018 passed by the respondent no.2 (Education Officer, Secondary). The respondent no.2 had refused to grant approval to the petitioner's appointment on the post of a peon in Sahyadri Vidyalaya School on compassionate basis from 1st October 2014. The petitioner's father, who was working in the said school, died on 30th July 2014. The petitioner approached the school management (respondent nos.3 & 4) on 26th August 2014 requesting appointment on compassionate grounds. The school appointed the petitioner as a peon w.e.f. 1st October 2014 vide order dated 25th September 2014. The management submitted a proposal for approval to the respondent no.2, but no decision was taken. Subsequently, the management again submitted the proposal, but the respondent no.2 returned the proposal relying on a Government Resolution dated 12th February 2015 which banned such appointments. Aggrieved, the petitioner filed the present petition. The legal issue was whether the Government Resolution dated 12th February 2015 could be applied retrospectively to an appointment made prior to its issuance. The petitioner argued that the Government Resolution applies prospectively and relied on a Division Bench judgment of the Bombay High Court in Suraj Uttam Paswan v. State of Maharashtra & Ors. (Writ Petition No. 4673 of 2019) dated 13th February 2019. The respondent State did not dispute the facts but opposed the petition. The Court analyzed that the appointment was made on 1st October 2014, well before the Government Resolution dated 12th February 2015, and therefore the resolution could not be applied retrospectively. The Court held that the impugned order was unsustainable and quashed it. The Court directed the respondent no.2 to grant approval to the petitioner's appointment as a peon from 1st October 2014 with all consequential benefits within four weeks. The petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Prospective Application of Government Resolution - Government Resolution dated 12th February 2015 banning appointments - The petitioner was appointed as a peon on compassionate basis w.e.f. 1st October 2014, prior to the Government Resolution dated 12th February 2015. The respondent no.2 refused approval solely on the basis of the said Government Resolution. The Court held that the Government Resolution applies prospectively and cannot be applied to appointments made prior to its issuance. The impugned order was quashed and set aside, and the respondent no.2 was directed to grant approval to the petitioner's appointment with all consequential benefits. (Paras 3-6)
Issue of Consideration
Whether the Government Resolution dated 12th February 2015 banning appointments can be applied to an appointment made prior to its issuance.
Final Decision
The impugned order dated 31st March 2018 is quashed and set aside. The respondent no.2 is directed to grant approval to the appointment of the petitioner on the post of peon in Sahyadri Vidyalaya School from 1st October 2014 with all consequential benefits within four weeks from the date of the order. Rule made absolute.
Law Points
- Compassionate appointment
- Government Resolution prospective effect
- Article 226
- Writ of Certiorari
