Case Note & Summary
The petitioner, Ganesh Bhimrao Munjal, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dismissing his Original Application No.606/2012. The petitioner's father, Bhimrao Munjal, was a Head Constable in the Maharashtra Police who retired prematurely on medical grounds with effect from 2.1.2011. At the relevant time, the Maharashtra Police Constables (Recruitment) Rules, 2006 (2006 Rules) were in force. Rule 3(2)(D) of the 2006 Rules provided for compassionate appointments to wards of police employees who were reported missing, retired on medical grounds, or died in harness. Such wards were directly given appointments on fulfilling physical eligibility requirements without requiring them to appear for physical test, written test or interview. The petitioner applied for compassionate appointment but his claim was rejected. He approached the Maharashtra Administrative Tribunal, which dismissed his application. The High Court, after hearing the parties, observed that the 2006 Rules clearly provided for compassionate appointment to wards of employees who retired on medical grounds. The court noted that the petitioner's father had retired on medical grounds and the petitioner was a ward entitled to the benefit. The court held that the petitioner was entitled to compassionate appointment as per the 2006 Rules and directed the respondents to consider his claim within four weeks. The writ petition was allowed, and the impugned order of the Tribunal was set aside.
Headnote
A) Service Law - Compassionate Appointment - Medical Retirement - Rule 3(2)(D) of Maharashtra Police Constables (Recruitment) Rules, 2006 - The petitioner's father retired on medical grounds w.e.f. 2.1.2011. The 2006 Rules provided for direct compassionate appointment to wards of police employees who retired on medical grounds, without requiring physical test, written test or interview. The Tribunal dismissed the application. The High Court held that the petitioner was entitled to compassionate appointment as per the 2006 Rules and directed the respondents to consider his claim within four weeks. (Paras 1-8)
Issue of Consideration
Whether the petitioner, ward of a police constable who retired prematurely on medical grounds, is entitled to compassionate appointment under the Maharashtra Police Constables (Recruitment) Rules, 2006 without undergoing physical test, written test or interview.
Final Decision
The writ petition is allowed. The impugned order of the Maharashtra Administrative Tribunal is set aside. The respondents are directed to consider the claim of the petitioner for compassionate appointment in accordance with the 2006 Rules within four weeks from the date of the order.
Law Points
- Compassionate appointment
- Medical retirement
- Ward of employee
- Police Constables (Recruitment) Rules 2006
- Rule 3(2)(D)
- Direct appointment without test
Case Details
2013 LawText (BOM) (12) 20
Writ Petition No.9466 of 2013
R.M. Borde, A.I.S. Cheema
Shri Avinash Deshmukh holding for Shri R.S. Deshmukh for petitioner; Shri D.B. Bhange, A.G.P. for respondents/State
Ganesh s/o Bhimrao Munjal
The State of Maharashtra through its Secretary, Home Department; The Additional Director General of Police, Training & Special Units, M.S., Mumbai; The Superintendent of Police, Beed
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Nature of Litigation
Writ petition challenging order of Maharashtra Administrative Tribunal dismissing Original Application for compassionate appointment.
Remedy Sought
Petitioner sought compassionate appointment as ward of police constable who retired on medical grounds.
Filing Reason
Petitioner's father retired prematurely on medical grounds; petitioner applied for compassionate appointment under 2006 Rules but was denied.
Previous Decisions
Maharashtra Administrative Tribunal dismissed Original Application No.606/2012.
Issues
Whether the petitioner is entitled to compassionate appointment under Rule 3(2)(D) of the Maharashtra Police Constables (Recruitment) Rules, 2006.
Submissions/Arguments
Petitioner argued that his father retired on medical grounds and as per 2006 Rules, wards of such employees are entitled to direct compassionate appointment without test.
Respondents opposed the claim, but the judgment does not specify their arguments.
Ratio Decidendi
Under Rule 3(2)(D) of the Maharashtra Police Constables (Recruitment) Rules, 2006, wards of police employees who retire on medical grounds are entitled to compassionate appointment directly without undergoing physical test, written test or interview, subject to fulfilling physical eligibility requirements.
Judgment Excerpts
This writ petition is filed by the ward of an ex-policeman for appointment on compassionate ground after his father retired premature on medical grounds, against the orders of the Maharashtra Administrative Tribunal, which has dismissed his Original Application No.606/2012.
Rule 3(2)(D) provided mode of compassionate appointments to be given to wards of Police employees, who were either reported missing or retired on medical grounds or died in harness.
Such wards were being directly given appointments on fulfilling the requirements of physical eligibilities as per the then prevailing rules, without requiring them to appear for physical test, written test or interview.
Procedural History
Petitioner's father retired on medical grounds w.e.f. 2.1.2011. Petitioner applied for compassionate appointment. Claim rejected. Petitioner filed Original Application No.606/2012 before Maharashtra Administrative Tribunal, which was dismissed. Petitioner then filed Writ Petition No.9466/2013 before the High Court of Judicature at Bombay, Bench at Aurangabad, which was allowed on 9.12.2013.
Acts & Sections
- Maharashtra Police Constables (Recruitment) Rules, 2006: Rule 3(2)(D)
