Case Note & Summary
The petitioners, the widow and unmarried daughter of deceased government employee Mohan Kulkarni, filed a writ petition seeking compassionate appointment for the daughter. The deceased died in harness on 8th September 2003. The widow applied on 29th July 2004 requesting appointment of her unmarried daughter (petitioner No.1) as Junior Clerk or any suitable post on compassionate grounds. The application was forwarded and the daughter's name was included in the waiting list at Serial No. 146 (Collector's list) and Serial No. 10 (Department's list). Subsequently, the daughter got married. The respondents denied appointment on the ground that the daughter was no longer unmarried. The court analyzed the Government Resolution dated 20.05.2002 governing compassionate appointments. It held that the eligibility criteria must be determined as on the date of death of the employee, and subsequent marriage does not disqualify the daughter. The court also held that the widow's application for appointment of her unmarried daughter was maintainable. The court directed the respondents to consider the daughter's application for compassionate appointment afresh in accordance with the rules, without treating her marriage as a disqualification. The petition was allowed.
Headnote
A) Compassionate Appointment - Eligibility of Unmarried Daughter - Government Resolution dated 20.05.2002 - The court considered whether an unmarried daughter of a deceased employee, who was included in the waiting list, could be denied appointment due to her marriage after the employee's death. The court held that the relevant date for determining eligibility is the date of death of the employee, and subsequent marriage does not disqualify the daughter. The widow's application for appointment of her unmarried daughter was held to be maintainable. (Paras 1-10) B) Compassionate Appointment - Waiting List - Right to Appointment - The court examined the legal effect of inclusion in the waiting list for compassionate appointment. It held that inclusion in the waiting list does not confer a vested right to appointment, but the authorities must consider the application in accordance with the rules and cannot arbitrarily deny appointment. (Paras 11-15) C) Compassionate Appointment - Widow's Application - Maintainability - The court addressed whether the widow could apply for appointment of her unmarried daughter. It held that the widow, as the legal heir, can make such an application, and the authorities should consider it on merits. (Paras 16-20)
Issue of Consideration
Whether an unmarried daughter of a deceased government employee, who was included in the waiting list for compassionate appointment, can be denied appointment on the ground that she got married after the death of the employee, and whether the widow's application for appointment of her unmarried daughter is maintainable.
Final Decision
The petition is allowed. The respondents are directed to consider the application of petitioner No.1 for compassionate appointment afresh in accordance with the rules, without treating her marriage as a disqualification.
Law Points
- Compassionate appointment
- Unmarried daughter
- Widow's application
- Government Resolution
- Eligibility criteria
- Marriage after death
- Waiting list
