Case Note & Summary
The petitioners, who are residents of the area, challenged the appointment of respondent no.5 as Shikshan Sevak (Secondary) in New English School, Narwad, made by respondent no.3 (Hind Education Society) on compassionate grounds with effect from 3 August 2006. The father of respondent no.5, Hindurao Mahadeo Salunke, was an Assistant Teacher in the same school and died on 10 July 2000. His mother, Mangala Hindurao Salunke, was also an Assistant Teacher in the same school and retired on 31 May 2005. Respondent no.5 did not apply for compassionate appointment until 1 June 2005, i.e., after his mother's retirement. During the period from 18 January 2003 to 30 April 2006, he was already employed as an Assistant Teacher at Nav Krishna Valley School run by Suraj Foundation. The appointment order was signed by his mother in her capacity as a trustee of the society. The petitioners contended that the appointment was illegal because the respondent no.5 could not be considered for compassionate appointment as his mother was still employed when his father died, he was already employed elsewhere, and the appointment was made by his mother without following due process. The management and respondent no.5 filed affidavits in reply, with the management claiming that an advertisement was issued on 19 July 2006. The court held that the appointment was illegal and void ab initio. The court noted that compassionate appointment is not a mode of recruitment but a concession to mitigate the hardship caused by the sudden death of the breadwinner. The delay of five years in applying defeated the purpose. Moreover, the respondent no.5 was already employed, indicating no financial crisis. The appointment made by the mother as trustee was a clear conflict of interest. The court quashed the appointment and directed the respondents to recover any amounts paid to respondent no.5.
Headnote
A) Service Law - Compassionate Appointment - Delay and Laches - Appointment on compassionate ground cannot be claimed after a long lapse of time - The father died in 2000, but the son applied only in 2005 after mother's retirement - Held that the delay defeats the very purpose of compassionate appointment, which is to provide immediate relief to the family in distress (Paras 2-4). B) Service Law - Compassionate Appointment - Conflict of Interest - Appointment made by mother as trustee of the society for her own son is illegal and against public policy - The appointing authority being a close relative vitiates the process - Held that such appointment is void ab initio (Paras 2-4). C) Service Law - Compassionate Appointment - Eligibility - A person already employed elsewhere cannot be considered for compassionate appointment - Respondent no.5 was working as Assistant Teacher in another school from 2003 to 2006 - Held that compassionate appointment is meant to alleviate financial crisis, not to provide a better job (Paras 2-4). D) Service Law - Compassionate Appointment - Compliance with Rules - Appointment must be made in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules - No advertisement or selection process was followed - Held that the appointment is illegal for non-compliance with statutory rules (Paras 2-4).
Issue of Consideration
Whether the appointment of respondent no.5 as Shikshan Sevak on compassionate ground was legal and valid, considering the delay in application, the employment of the respondent no.5 elsewhere, and the involvement of his mother as appointing authority.
Final Decision
The court allowed the petition, quashed the appointment of respondent no.5 as Shikshan Sevak, and directed the respondents to recover any amounts paid to him.
Law Points
- Compassionate appointment cannot be claimed after long delay
- appointment must follow prescribed rules
- conflict of interest when appointing authority is relative
- appointment on compassionate ground is not a mode of recruitment but a concession to mitigate hardship
