Case Note & Summary
The petitioner, Dipak Madhukar Sapkale, filed a writ petition seeking compassionate appointment after his father, an employee of the Municipal Council, Amalner, died in harness on 08.02.2013. The petitioner, born on 01.01.1995 and the only son of the deceased, applied for compassionate appointment on 18.09.2013, within seven months of his father's death. He submitted additional documents, including an heirship certificate, on 17.02.2017. Despite this, the Municipal Council took no action for over 11 years. In August 2024, the Council suddenly demanded further documents, which the petitioner had not been asked to provide earlier. The Council also raised a defence that in May 2018, relatives had recommended the appointment of the deceased's nephew, but that claim was rejected on 13.08.2018 as a nephew is not eligible under the Government Resolution dated 21.09.2017. The court found that the Council's delay was unjustified and contrary to the Supreme Court's directive in Malaya Nanda Sethy vs. State of Orissa, which mandates that compassionate appointment applications be decided within six months. The court allowed the petition, dispensed with the heirship certificate requirement, directed the petitioner to submit specified documents within 30 days, ordered that his seniority be computed from the date of his application (18.09.2013), and directed the Municipal Council to pay Rs. One Lakh as compensation for the delay.
Headnote
A) Compassionate Appointment - Delay in Processing - Time Limit - Government Resolution dated 21.09.2017, Clause 4(A) and (AA) - The employer must complete the process of compassionate appointment within six months as per Malaya Nanda Sethy vs. State of Orissa, AIR 2022 SC 2836. The Municipal Council's delay of 11 years in processing the petitioner's application was unjustified and contrary to the object of compassionate appointment. (Paras 7-8) B) Compassionate Appointment - Heirship Certificate - Dispensation - The requirement of heirship certificate was dispensed with as the petitioner was the only male child of the deceased employee. The court directed the petitioner to submit birth certificate, death certificate of father, and ration card within 30 days. (Para 8(a)-(b)) C) Compassionate Appointment - Seniority - Date of Application - The petitioner's seniority in the eligible list shall be computed from the date of his application (18.09.2013), and his appointment order shall be issued keeping that date in view. (Para 8(c)) D) Compensation - Delay by Employer - Costs - The Municipal Council was directed to pay Rs. One Lakh as costs/compensation to the petitioner for wasting 11 years of his life due to the delay in processing his application. (Para 8(d))
Issue of Consideration
Whether the Municipal Council's delay of 11 years in processing the petitioner's application for compassionate appointment is justified, and whether the petitioner is entitled to relief including compensation.
Final Decision
Writ Petition allowed. The heirship certificate requirement is dispensed with. Petitioner to submit birth certificate, death certificate of father, and ration card within 30 days. Petitioner's seniority to be computed from 18.09.2013. Municipal Council to pay Rs. One Lakh as costs/compensation within 30 days.
Law Points
- Compassionate appointment must be processed within six months
- delay in processing application for 11 years is unjustified
- heirship certificate requirement can be dispensed with if applicant is only son
- compensation can be awarded for delay caused by employer
