Case Note & Summary
The petitioners, Vinod Kadubal Rathod and Nivrutti Ramsing Rathod, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. They sought a writ of mandamus directing the respondent, Maharashtra State Electricity Generation Co. Ltd., to appoint them on compassionate grounds following the death of their father, who was a contractual employee of the company. The petitioners argued that they were entitled to compassionate appointment as per the company's policy. The respondent opposed the petition, contending that compassionate appointment is only available to dependents of regular employees and not contractual employees. The court, after hearing both sides, held that compassionate appointment is not a vested right and is an exception to the general rule of public employment. It is intended to provide immediate relief to the family of a deceased employee who was a regular employee. Since the petitioners' father was a contractual employee, they were not entitled to compassionate appointment. The court dismissed the petition, finding no merit in the claim.
Headnote
A) Service Law - Compassionate Appointment - Contractual Employee - The petitioners sought a writ of mandamus directing the respondent company to appoint them on compassionate grounds after the death of their father, who was a contractual employee. The court held that compassionate appointment is not a right and is only available to dependents of regular employees, not contractual employees. The petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the petitioners, being dependents of a deceased contractual employee, are entitled to compassionate appointment under the respondent company's policy.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Compassionate appointment
- Contractual employment
- Writ of Mandamus
- Article 226 of the Constitution of India
- No right to compassionate appointment for dependents of contractual employees
