Case Note & Summary
The petitioner, Maheshkumar Balasaheb Naik, was appointed as a Junior Assistant in 1996 on compassionate grounds after his father's death while in service. He was a physically handicapped candidate from the unreserved category. Over the years, he passed departmental examinations and was promoted to Senior Assistant and later to Office Superintendent. In November 2014, the Chief Executive Officer of Zilla Parishad, Ahmednagar, issued a circular directing all heads of departments to send names of employees appointed from handicapped/hearing impaired/low vision categories for medical re-examination. Pursuant to this, the petitioner was asked to appear before the Civil Surgeon for re-medical examination and submit a fresh medical certificate. Aggrieved, the petitioner filed a writ petition challenging the letter dated 03.01.2015. The court held that the direction for re-medical examination after 18 years of service, without any specific complaint or change in the petitioner's physical condition, was arbitrary and unsustainable. The court quashed the impugned letter and allowed the petition.
Headnote
A) Service Law - Compassionate Appointment - Medical Re-examination - Direction to undergo re-medical examination after 18 years of service without any specific complaint or change in condition is arbitrary and unsustainable - The impugned letter dated 03.01.2015 directing the petitioner to appear before the Civil Surgeon for re-medical examination is quashed and set aside (Paras 3-5).
Issue of Consideration
Whether the order directing the petitioner, a physically handicapped employee appointed on compassionate ground, to undergo re-medical examination after 18 years of service is arbitrary and violative of principles of natural justice.
Final Decision
The impugned letter dated 03.01.2015 is quashed and set aside. The writ petition is allowed. Rule is made absolute accordingly.
Law Points
- Compassionate appointment
- Disability rights
- Medical re-examination
- Arbitrariness
- Natural justice
Case Details
2015 LawText (BOM) (09) 11
WRIT PETITION NO.3972 OF 2015
Mr. S.B.Bhosale for the Petitioner, Mr. A.V.Deshmukh, AGP for Respondent Nos.1 & 2, Mr. S.T.Shelke for Respondent No.3
Maheshkumar s/o. Balasaheb Naik
The State of Maharashtra through its Secretary, General Administration Dept., The State of Maharashtra through its Secretary, Rural Development and Water Conservation Department, The Chief Executive Officer, Zilla Parishad, Ahmednagar, The Block Development Officer, Panchayat Samiti, Rahata
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Nature of Litigation
Writ Petition challenging the letter dated 03.01.2015 directing the petitioner to undergo re-medical examination.
Remedy Sought
Quashing of the letter dated 03.01.2015 and direction to respondents not to compel the petitioner to undergo re-medical examination.
Filing Reason
The petitioner, a physically handicapped employee appointed on compassionate ground, was directed to undergo re-medical examination after 18 years of service without any change in his condition.
Issues
Whether the direction for re-medical examination after 18 years of service is arbitrary and violative of natural justice.
Submissions/Arguments
The petitioner argued that he was appointed on compassionate ground as a physically handicapped candidate and has been serving for 18 years without any complaint. The direction for re-medical examination is arbitrary and without any basis.
Ratio Decidendi
A direction for re-medical examination of a physically handicapped employee after 18 years of service, without any specific complaint or change in condition, is arbitrary and unsustainable. Such an order cannot be sustained in law.
Judgment Excerpts
It appears that, the letter dated 24.11.2014 was addressed to the petitioner, giving reference of the letter written by the Chief Executive Officer, Zilla Parishad, Ahmednagar, to the Block Development Officer, Panchayat Samiti, Rahata.
The petitioner was asked to appear before the Civil Surgeon for medical re-examination, and submit medical certificate after re-medical examination.
Aggrieved by the same, the petitioner has filed the present Writ Petition.
Procedural History
The petitioner filed Writ Petition No.3972 of 2015 before the Bombay High Court, Aurangabad Bench, challenging the letter dated 03.01.2015. The court heard the matter and delivered judgment on 21.09.2015.
