Case Note & Summary
The judgment pertains to a group of writ petitions filed by widows of deceased employees of the Aurangabad Municipal Corporation seeking compassionate appointment. The petitioners' husbands died while in service, and the petitioners applied for appointment on compassionate grounds after a delay ranging from 5 to 10 years. The respondent corporation rejected their applications solely on the ground of delay. The court examined the purpose of compassionate appointment, which is to provide immediate relief to the family of the deceased employee to tide over the financial crisis. The court noted that the delay in applying cannot be a bar if the family continues to be in need. The court relied on the principle that the right to compassionate appointment is not a vested right but a scheme to provide assistance. The court directed the respondent to consider the applications on merits, ignoring the delay, and to pass appropriate orders within three months. The petitions were allowed with no order as to costs.
Headnote
A) Service Law - Compassionate Appointment - Widow's Claim - Delay in Application - The petitioners, widows of deceased employees of the Aurangabad Municipal Corporation, applied for compassionate appointment after a delay of 5 to 10 years from the date of death of their husbands. The court considered whether the delay disentitled them to relief. Held that the object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee, and delay in applying cannot be a ground to reject the claim if the family continues to be in indigent circumstances. The court directed the respondent to consider the applications on merits, ignoring the delay, and to pass appropriate orders within a period of three months. (Paras 1-10)
Issue of Consideration
Whether the petitioners, widows of deceased employees of the Aurangabad Municipal Corporation, are entitled to compassionate appointment despite having applied after a delay of several years from the date of death of the employee.
Final Decision
The court allowed the writ petitions and directed the respondent to consider the applications of the petitioners for compassionate appointment on merits, ignoring the delay, and to pass appropriate orders within a period of three months from the date of the order. No order as to costs.
Law Points
- Compassionate appointment
- Widow's right to employment
- Delay in application
- Maharashtra Municipal Corporations Act
- 1949
- Section 79
- Rule 3 of the Maharashtra Municipal Corporations (Appointment on Compassionate Grounds) Rules
- 1995
