Case Note & Summary
The petitioner, Sandip Keda Garud, filed a writ petition before the Bombay High Court challenging the order dated 25.05.2023 passed by the Education Officer (Secondary), Zilla Parishad, Nashik (Respondent No. 3), which rejected the approval of his appointment as a Peon on compassionate grounds. The petitioner's father, Keda Garud, was a permanent Junior Clerk at Respondent No. 5 School (Janata Vidyalay, Vajirkhede) and died on 31.08.2015 while in service. The petitioner applied for compassionate appointment on 31.08.2015 itself. The school management appointed him as a Peon on a monthly honorarium for three years from 31.08.2015, and subsequently sought approval from the Education Officer. The Education Officer rejected the approval on the ground that the Government Resolution dated 20.05.2014, which restricts compassionate appointment to dependents of employees who die in harness or are retired on medical grounds, was not applicable as the father did not die in harness. The petitioner contended that the Government Resolution of 2014 is prospective and does not apply to applications pending prior to its issuance. The Court examined the Government Resolutions and held that the 2014 Resolution is prospective and cannot be applied to pending applications. The Court further noted that the father was a permanent employee and died while in service, thus the case falls under the earlier Government Resolution dated 05.07.1995. The Court also addressed the issue of delay, stating that the petitioner was pursuing remedies and the respondents did not raise the issue. The Court allowed the petition, quashed the impugned order, and directed the Education Officer to grant approval to the petitioner's appointment as a Peon on compassionate grounds with all consequential benefits.
Headnote
A) Compassionate Appointment - Government Resolution - Prospective Application - The Government Resolution dated 20.05.2014, which restricts compassionate appointment to dependents of employees who die in harness or are retired on medical grounds, does not apply to applications pending prior to its issuance. The Court held that the Resolution is prospective and cannot be applied to pending applications. (Paras 7-9) B) Compassionate Appointment - Delay and Laches - Writ Jurisdiction - The petitioner's father died in 2015, and the application for compassionate appointment was made in 2015. The impugned order was passed in 2023, and the writ petition was filed in 2025. The Court held that the delay was not fatal as the petitioner was pursuing remedies and the respondents did not raise the issue of delay. (Paras 10-11) C) Compassionate Appointment - Approval of Appointment - The Education Officer rejected approval on the ground that the petitioner's father did not die in harness and the Government Resolution of 2014 was not applicable. The Court held that the father was a permanent employee and died while in service, thus the case falls under the earlier Government Resolution dated 05.07.1995. The Court directed the Education Officer to grant approval to the petitioner's appointment as a Peon on compassionate grounds. (Paras 12-14)
Issue of Consideration
Whether the impugned order dated 25.05.2023 rejecting approval of the petitioner's appointment as a Peon on compassionate grounds is sustainable in law, and whether the Government Resolution dated 20.05.2014 applies to applications pending prior to its issuance.
Final Decision
The petition is allowed. The impugned order dated 25.05.2023 is quashed and set aside. The Education Officer is directed to grant approval to the appointment of the petitioner as a Peon on compassionate grounds w.e.f. 31.08.2015 on monthly honorarium for 3 years and thereafter on regular pay scale, with all consequential benefits. The respondents are directed to release the grant-in-aid accordingly. Rule is made absolute in those terms.
Law Points
- Compassionate appointment
- Government Resolution dated 20.05.2014
- prospective application
- pending applications
- delay in filing writ petition
- substantial question of law
- writ jurisdiction
