Case Note & Summary
The petitioner, Ganesh Navnath Kendre, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing respondent No. 3 (the management society) to appoint him as a clerk on compassionate grounds and forward the proposal to respondent No. 2 (Education Officer) for approval. The petitioner's father was serving as a clerk in the school run by respondent No. 4 (managed by respondent No. 3) and died on 04.04.2021 while in service. The petitioner, who holds HSC, Marathi and English typing certificates, and MS-CIT qualification, applied on 07.06.2021 for compassionate appointment as clerk. The management rejected his request by order dated 10.03.2025 and offered him a post of peon instead. The petitioner challenged this order. The court found that the management's action was arbitrary and contrary to the Government Resolution dated 21.09.2017 governing compassionate appointments, especially since there were two sanctioned vacancies for clerk posts and the Education Officer had directed consideration for the clerk post. The court allowed the petition, quashed the order dated 10.03.2025, and directed respondent No. 3 to appoint the petitioner as a clerk within four weeks and forward the proposal to respondent No. 2 for approval.
Headnote
A) Compassionate Appointment - Government Resolution dated 21.09.2017 - Arbitrariness - Petitioner sought appointment as clerk on compassionate grounds after father's death in service - Management offered peon post despite availability of sanctioned clerk vacancies - Held that rejection and offer of lower post was arbitrary and contrary to policy (Paras 1-8).
Issue of Consideration
Whether the management's rejection of the petitioner's claim for appointment as clerk on compassionate grounds and offering a lower post of peon is arbitrary and contrary to the Government Resolution dated 21.09.2017.
Final Decision
The petition is allowed. The order dated 10.03.2025 passed by respondent No. 3 is quashed and set aside. Respondent No. 3 is directed to appoint the petitioner on the post of clerk on compassionate grounds within four weeks from the date of the order and forward the proposal to respondent No. 2 for approval.
Law Points
- Compassionate appointment
- Government Resolution dated 21.09.2017
- Article 226 of Constitution of India
- Writ of mandamus
- Arbitrariness
- Sanctioned vacancies
Case Details
2025 LawText (BOM) (10) 265
WRIT PETITION NO. 10699 OF 2024
Smt. Vibha Kankanwadi, Hiten S. Venegavkar
Mr. Mahesh V. Ghatge, Mr. V. M. Kagne, Mr. Anand P. Bhandari
The State of Maharashtra, The Education Officer (Secondary) Zilla Parishad Parbhani, Yuvak Vikas Shikshan Prasarak Mandal, Sant Tukaram Vidyalaya
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking mandamus for compassionate appointment.
Remedy Sought
Petitioner sought direction to respondent No. 3 to appoint him as clerk on compassionate grounds and forward proposal to respondent No. 2 for approval.
Filing Reason
Petitioner's father died in service on 04.04.2021; management rejected his application for clerk post and offered peon post instead.
Previous Decisions
Management order dated 10.03.2025 rejecting clerk appointment and offering peon post.
Issues
Whether the management's rejection of petitioner's claim for appointment as clerk on compassionate grounds is arbitrary and contrary to Government Resolution dated 21.09.2017.
Submissions/Arguments
Petitioner submitted that management's action is arbitrary and contrary to Government Resolution dated 21.09.2017; there are two sanctioned vacancies for clerk; Education Officer directed consideration for clerk post.
Management rejected claim on grounds of alleged deficiencies in application, pendency of past criminal case (petitioner acquitted and was juvenile).
Ratio Decidendi
The management's rejection of the petitioner's claim for compassionate appointment as clerk and offering a lower post of peon is arbitrary and contrary to the Government Resolution dated 21.09.2017, especially when sanctioned vacancies for clerk exist and the Education Officer had directed consideration for the clerk post.
Judgment Excerpts
The petitioner contains that the action of respondent No. 3 is arbitrary and contrary to the Government Resolution dated 21.09.2017, issued by the General Administration Department, which governs compassionate appointments.
It is submitted that there are two sanctioned vacancies for the post of clerk available in the schools run by respondent No. 3 - Society and that the Education Officer has also issued directions to consider and appoint the petitioner on the said post.
Procedural History
Petitioner filed writ petition under Article 226 seeking mandamus for compassionate appointment as clerk. Management rejected claim by order dated 10.03.2025 offering peon post. Petitioner amended petition to challenge that order. Court heard and allowed petition on 17.10.2025.
Acts & Sections
- Constitution of India: Article 226
