Case Note & Summary
The petitioner, Mahadev S/o Pandharinath Rakh, filed a writ petition before the Bombay High Court (Aurangabad Bench) seeking compassionate appointment on the ground that his father, Pandharinath Rakh, who was working as a Police Constable in the State Reserved Police Force, died in harness on 15.06.2013. The petitioner applied for compassionate appointment under the Maharashtra Police Manual and Government Resolution dated 10.05.2000. The respondents, including the State of Maharashtra and police authorities, rejected the application on the ground that the petitioner was not dependent on his father at the time of death. The petitioner contended that he was a dependent son, not earning, and living with his family. The court examined the relevant rules and held that the term 'dependent' includes a son who is not earning and is living with the family. The court found the respondents' rejection arbitrary and illegal. The court allowed the writ petition, set aside the rejection order, and directed the respondents to consider the petitioner's application for compassionate appointment afresh in accordance with law, within a period of three months. The court also held that the petitioner had locus standi and the application was made within reasonable time.
Headnote
A) Service Law - Compassionate Appointment - Death in Harness - Entitlement of Dependent Son - The petitioner's father died while in government service as a Police Constable. The petitioner applied for compassionate appointment under the Maharashtra Police Manual and Government Resolution dated 10.05.2000. The respondents rejected the application on the ground that the petitioner was not dependent on his father at the time of death. The Court held that the petitioner, being a son, is a dependent and entitled to consideration. The rejection was set aside and respondents were directed to consider the application afresh. (Paras 2-10) B) Service Law - Compassionate Appointment - Locus Standi - Dependent Family Member - The Court interpreted the term 'dependent' under the relevant rules and held that a son who is not earning and is living with the family is a dependent. The respondents' narrow interpretation was erroneous. (Paras 5-8) C) Service Law - Compassionate Appointment - Delay and Laches - The petitioner applied within a reasonable time after his father's death. The respondents' objection on delay was not sustainable as the application was made promptly. (Para 9)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment on the ground that his father died in harness while in government service, and whether the respondents' refusal to consider his application is arbitrary and illegal.
Final Decision
The writ petition is allowed. The impugned order rejecting the petitioner's application for compassionate appointment is set aside. The respondents are directed to consider the petitioner's application for compassionate appointment afresh in accordance with law, within a period of three months from the date of receipt of the order.
Law Points
- Compassionate appointment
- Death in harness
- Maharashtra Police Manual
- Rule 168
- Government Resolution dated 10.05.2000
- Locus standi of dependent son
- Delay and laches
