Case Note & Summary
The petitioner, Mahek s/o Laxman Pusollu, is the son of Laxman Narsayya Pusollu, who died in harness on 20.2.2016 while serving as a Kamathi in the Sanitary Division of the Municipal Council, Hadgaon (Respondent No.5). The deceased initially worked as a daily wage earner from 17.2.1992 to 30.10.2001, and was subsequently regularised in service. After his father's death, the petitioner applied for compassionate appointment, but the respondents rejected his application on the ground that the deceased was a daily wager and not a permanent employee. The petitioner challenged this rejection by filing a writ petition. The court examined the facts and found that the deceased had worked continuously from 1992 until his death in 2016, and had been regularised prior to his death. The court held that the period of daily wage service should be counted for the purpose of compassionate appointment, and that the deceased was a regular employee at the time of death. The court directed the respondents to consider the petitioner's application for compassionate appointment in accordance with the relevant rules and to pass an appropriate order within three months. The petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Daily Wage Employee - Regularisation - The petitioner, son of a deceased employee who served as a daily wager from 17.2.1992 to 30.10.2001 and was subsequently regularised, sought compassionate appointment after his father's death in harness on 20.2.2016. The court held that the employee's continuous service from 1992 to 2016, including the period as a daily wager, and his regularisation prior to death, entitled the petitioner to consideration for compassionate appointment under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Maharashtra Municipal Councils (Recruitment) Rules, 1965. The court directed the respondents to consider the petitioner's application within three months. (Paras 1-10)
Issue of Consideration
Whether the son of a deceased employee, who was initially a daily wager but later regularised, is entitled to compassionate appointment under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Rules framed thereunder.
Final Decision
The petition is allowed. The respondents are directed to consider the petitioner's application for compassionate appointment in accordance with the relevant rules and pass an appropriate order within three months from the date of the order.
Law Points
- Compassionate appointment
- daily wage employee
- regularisation
- continuous service
- Maharashtra Municipal Councils Act
- 1965
- Section 87
- Rule 65
Case Details
2019 LawText (BOM) (12) 18
Writ Petition No.9334 of 2017
Sunil P. Deshmukh, Smt. Vibha Kankanwadi
Mr. VG Salgare for Petitioner; Mr. SN Kendre, AGP for Respondent Nos.1 to 4; Mr. SB Ghatol-Patil for Respondent No.5
The State of Maharashtra, The Director of Municipal Administration, The Divisional Commissioner, The District Collector, The Chief Officer, Municipal Council, Hadgaon
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Nature of Litigation
Writ petition seeking compassionate appointment after rejection by municipal council.
Remedy Sought
Petitioner sought direction to respondents to consider his application for compassionate appointment.
Filing Reason
Rejection of compassionate appointment application on ground that deceased was daily wager.
Previous Decisions
Respondent No.5 rejected the petitioner's application for compassionate appointment.
Issues
Whether the petitioner is entitled to compassionate appointment under the Maharashtra Municipal Councils Act and Rules.
Whether the deceased employee's service as a daily wager should be counted for compassionate appointment.
Submissions/Arguments
Petitioner argued that his father worked continuously from 1992 to 2016 and was regularised, thus entitled to compassionate appointment.
Respondents contended that the deceased was a daily wager and not a permanent employee, hence not eligible.
Ratio Decidendi
The period of service as a daily wager, when followed by regularisation and continuous service until death, should be considered for compassionate appointment. The deceased was a regular employee at the time of death, and the petitioner is entitled to consideration under the relevant rules.
Judgment Excerpts
Petitioner is son of deceased Laxman Narsayya Pusollu, who died in harness in service with Respondent No.5 – Municipal Council, Hadgaon on 20.2.2016.
Deceased Laxman was initially a daily wage earner on the post of Kamathi in Sanitary Division of Respondent No.5 from 17.2.1992 to 30.10.2001.
Thereafter, he was regularised and continued in service till his death.
The court held that the deceased was a regular employee at the time of death and the period of daily wage service should be counted.
Procedural History
The petitioner applied for compassionate appointment after his father's death on 20.2.2016. The application was rejected by Respondent No.5. The petitioner then filed Writ Petition No.9334 of 2017 before the Bombay High Court, Aurangabad Bench, which was heard and decided on 2.12.2019.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: Section 87
- Maharashtra Municipal Councils (Recruitment) Rules, 1965: Rule 65
