Case Note & Summary
The petitioner No. 1, Rajendra Dattatraya Sawarkar, filed a writ petition seeking a direction to the respondents to consider his case for appointment on compassionate grounds. His father, petitioner No. 2 (since deleted), was a Class III employee with the Maharashtra Water Supply and Sewerage Board and was compulsorily retired from service with effect from 1 October 1987. On 26 February 1991, petitioner No. 2 submitted an application for compassionate appointment for his son, but no action was taken. Petitioner No. 1 submitted another application on 15 April 1994. The respondents did not respond, leading to the filing of the writ petition. The petitioners relied on Government Circular dated 22 October 1990 and Government Resolution dated 26 October 1994. The court examined the scheme of compassionate appointment and noted that it is an exception to the general rule of open recruitment, intended to provide immediate financial relief to the family of a government servant who dies or is medically invalidated while in service. The court held that compulsory retirement does not fall within the ambit of compassionate appointment, as the scheme is not meant for such cases. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Compassionate Appointment - Compulsory Retirement - The petitioner sought appointment on compassionate ground after his father was compulsorily retired from service. The court held that compassionate appointment is an exception to the general rule of open recruitment, intended to provide immediate financial relief to the family of a government servant who dies or is medically invalidated while in service. Compulsory retirement does not fall within the ambit of compassionate appointment. The petition was dismissed. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment on the ground that his father was prematurely/compulsorily retired from service.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Compassionate appointment is an exception to the general rule of open recruitment
- intended to provide immediate financial relief to the family of a government servant who dies or is medically invalidated while in service. It cannot be claimed as a matter of right
- and the scheme must be strictly construed. Compulsory retirement does not fall within the ambit of compassionate appointment.
