Case Note & Summary
The petitioner, Mahatma Phule Krushi Vidyapeeth, challenged the order of the Industrial Court which directed it to consider the applications of Nanasaheb Punja Thorat and Vitthal Pandharinath Mane for compassionate appointment. The two individuals were sons of deceased daily wagers who died in 1992 and 1996 respectively. They applied for compassionate appointment in July 2004, about 12 and 8 years after their fathers' deaths. The petitioner University rejected their applications citing delay and that they were not covered by the Government Resolution dated 26.10.1994 which required application within five years. The respondent union filed a complaint before the Industrial Court, which allowed the complaint and directed the University to consider the applications. The University then filed this writ petition. The High Court noted that the Government Resolution did not prescribe any limitation period for making an application. The court also observed that the University had maintained a waiting list and had considered other similarly situated persons, including one at Sr.No.132 whose mother died but stepmother was still employed. The court held that the delay in filing applications cannot be a ground to reject the claim when the policy does not prescribe a time limit and the University has not closed the scheme. The petition was dismissed, and the University was directed to consider the applications in accordance with the policy.
Headnote
A) Service Law - Compassionate Appointment - Delay in Application - Sons of deceased daily wagers applied after 12 and 8 years respectively - No limitation prescribed in Government Resolution dated 26.10.1994 - Held that delay alone cannot be a ground to reject claim if policy does not prescribe time limit and other similarly placed persons were considered (Paras 3-6).
Issue of Consideration
Whether the delay of 12 years and 8 years in filing applications for compassionate appointment by the sons of deceased daily wagers disentitles them to such appointment, and whether the petitioner University is bound to consider their applications despite the delay.
Final Decision
Writ petition dismissed. Petitioner University directed to consider the applications of Nanasaheb Punja Thorat and Vitthal Pandharinath Mane for compassionate appointment in accordance with the policy.
Law Points
- Compassionate appointment
- delay in application
- Government Resolution
- daily wager
- limitation period
- waiting list
