Case Note & Summary
The petitioner, Shri Vinayak Maruti Naik, filed a writ petition before the Bombay High Court at Kolhapur seeking compassionate appointment as a Peon in Respondent No. 7 School, an aided secondary school. The petitioner, who holds an HSC qualification and belongs to the VJNT category, applied for the post after a vacancy arose due to the upgradation of a peon, Mr. R.A. Tarwal, to the post of Laboratory Assistant. The petitioner's application was rejected by the respondents on the ground that no scheme for compassionate appointment exists. The petitioner challenged this rejection. The Court, after hearing the counsel for the petitioner and the State, observed that the Maharashtra Civil Services (Compassionate Appointment) Rules, 2023 are applicable to aided schools. The Court found that the rejection was unsustainable and directed the respondents to consider the petitioner's application in accordance with the said Rules. The Court allowed the writ petition and set aside the impugned rejection.
Headnote
A) Compassionate Appointment - Applicability of Rules - Maharashtra Civil Services (Compassionate Appointment) Rules, 2023 - The Court held that the said Rules apply to aided schools and the petitioner's application for compassionate appointment cannot be rejected on the ground that no scheme exists. The Court directed the respondents to consider the petitioner's application in accordance with the Rules. (Paras 1-7) B) Compassionate Appointment - Vacancy Creation - Upgradation - The Court noted that a vacancy for the post of Peon was created due to upgradation of a peon to Laboratory Assistant, and the petitioner, being a VJNT category candidate, applied for compassionate appointment. The Court found that the rejection was unsustainable. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment as a Peon in an aided secondary school under the Maharashtra Civil Services (Compassionate Appointment) Rules, 2023, and whether the rejection of his application on the ground that no such scheme exists is valid.
Final Decision
The writ petition is allowed. The impugned rejection of the petitioner's application for compassionate appointment is set aside. The respondents are directed to consider the petitioner's application for compassionate appointment in accordance with the Maharashtra Civil Services (Compassionate Appointment) Rules, 2023.
Law Points
- Compassionate appointment
- Applicability of Maharashtra Civil Services (Compassionate Appointment) Rules
- 2023 to aided schools
- VJNT category reservation
- Upgradation creating vacancy
- Right to consideration
