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A. S. CHANDURKAR, M. W. CHANDWANI
Sau. Rajeshri w/o Dnyaneshwar Khope – Appellant
Versus
State of Maharashtra, through its Secretary – Respondent
JUDGMENT :
(M.W. Chandwani, J.)
1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
2. The petitioners seek direction to respondent Nos.2 to 4 to consider the claim of petitioner No.1 for her appointment on compassionate ground on suitable post according to her qualification.
3. Father of petitioner No.1 and husband of petitioner No.2 deceased Manik Sitaram Bhatkulkar (hereinafter referred to as ‘deceased employee’ for short) was serving with the respondents as Labour since 31/03/1986. He died on 28/07/1998, while he was in service leaving behind his heirs including the petitioners. On 09/02/1999, petitioner No.2 had submitted an application for her appointment on compassionate ground with the respondent No.2. No action was taken by the respondents on the said application. A reminder letter dated 14/09/2004 was also issued to respondent No.2. In the first week of December, 2019, petitioner No.2 came to know that her name is excluded from the waiting list of the candidates for appointment on compassionate ground on account of crossing age of 45 years by her.
4. On 16/12/2019, petitioner No.2 submitted another application requesting
Compassionate appointments must be made promptly following the death of an employee to address immediate financial distress; significant delays in application undermine the purpose of such appointmen....
Compassionate appointment cannot be granted after a lapse of a reasonable period and after the crisis is over.
Compassionate appointment is a concession and not a right, and it is to be provided strictly in accordance with the terms and conditions stipulated. Lapse of time can be a ground to deny appointment ....
Compassionate employment cannot be granted after a lapse of a reasonable period, and the purpose of compassionate appointment is to enable the family to tide over the sudden crisis which arises due t....
[Compassionate appointments are a concession, not a right, and must be claimed promptly to address immediate financial crises. Delays in application undermine the purpose of the policy.]
Compassionate appointment is an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
Compassionate appointment is a concession, not a right, and can only be granted under exceptional circumstances based on the prevailing norms at the time of consideration.
Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
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