Case Note & Summary
The petitioner, Suraj Uttam Kamble, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 11th July 2017 passed by the Education Officer (Secondary), Zilla Parishad, Kolhapur, refusing to grant approval to his appointment as a Shikshan Sevak on compassionate basis. The petitioner's late father was working as an Assistant Teacher in the school run by respondent No.3 and died on 15th August 2008 while in service. On the oral request of the school, the petitioner worked without remuneration from 3rd November 2012 to 30th April 2013. The school passed a resolution on 25th November 2013 appointing the petitioner as a Shikshan Sevak for the period from 2nd December 2013 to 1st December 2016 on compassionate basis, as the petitioner held all requisite educational qualifications. The proposal for approval was submitted to the Education Officer, who refused approval by the impugned order dated 11th July 2017. The sole ground for refusal was a ban on recruitment imposed by Government Resolution dated 2nd May 2012. The petitioner contended that the said GR is not applicable to compassionate appointments. The Court, after hearing the parties, held that the Government Resolution dated 2nd May 2012 imposing a ban on recruitment is not applicable to compassionate appointments, as compassionate appointment is an exception to the general recruitment ban. The impugned order was set aside and the Education Officer was directed to grant approval to the petitioner's appointment. Rule was made absolute accordingly.
Headnote
A) Service Law - Compassionate Appointment - Recruitment Ban - Government Resolution dated 2nd May 2012 - The issue was whether the Education Officer could refuse approval to the appointment of a Shikshan Sevak on compassionate basis on the ground of a ban on recruitment imposed by Government Resolution dated 2nd May 2012 - The Court held that the Government Resolution dated 2nd May 2012 imposing a ban on recruitment is not applicable to compassionate appointments, as compassionate appointment is an exception to the general recruitment ban - The impugned order refusing approval was set aside and the Education Officer was directed to grant approval (Paras 2-4).
Issue of Consideration
Whether the Education Officer can refuse approval to the appointment of a Shikshan Sevak on compassionate basis on the ground of a ban on recruitment imposed by Government Resolution dated 2nd May 2012.
Final Decision
The impugned order dated 11th July 2017 is set aside. The Education Officer is directed to grant approval to the appointment of the petitioner as Shikshan Sevak on compassionate basis. Rule is made absolute.
Law Points
- Compassionate appointment is an exception to the general recruitment ban
- Government Resolution dated 2nd May 2012 does not apply to compassionate appointments
- Education Officer cannot refuse approval solely on ground of ban
