Compassionate appointments can be granted in cases of serious illness or incapacity, even without formal medical certification of unfitness, and discriminatory provisions may be deemed inapplicable.

JUDGMENT

RAVINDRA V.GHUGE,J. - Rule. Rule made returnable forthwith and heard finally, by the consent of the parties.

2. The petitioners have put-forth prayer clauses "B ", "C ", "D " and "E " as under:

"B " Issue a writ of mandamus or writ in the like nature directing the respondents to consider the representation dtd. 17/12/2019 submitted by the petitioners;

"C " Issue a writ of mandamus or writ in the like nature directing the respondents to include the name of Shri Nagraj Bhujang Wagalgave in the list of the relatives of the deceased / retired employees for appointment on compassionate ground;

"D " Pending the hearing issue a writ of mandamus or writ in like nature directing the respondents to consider the representation dtd. 17/12/2019 submitted by the petitioners;

"E " Pending the hearing issue a writ of mandamus or writ in like nature directing the respondents to include the name of Shri Nagraj Bhujang Wagalgave in the list of the relatives of the deceased/retired employees for appointment on compassionate ground. "

3. Having considered the strenuous submissions of the learned advocates for the respective parties, we find that this is a peculiar case in which, we are called upon to decide, as to whether the benefit of compassionate appointment can be granted to the legal heir of the employee, who has taken voluntary retirement and was never certified as being medically unfit to perform any work, though the reason for opting for retirement was a serious medical condition.

4. Petitioner No. 2 is the claimant before us, in view of the 'no objection' of the family members. The father of the petitioner, who was relieved on 5/5/2019, died on account of a medical condition he was suffering for a long time, within three months from being relieved, on 8/8/2019.

5. The undisputed factors involved in this case are as follows;

(a) On 27/8/1987, the deceased was appointed in the service of the Zilla Parishad as a Senior Assistant.

(b) A Neuro physician had examined the deceased on 19/10/2015 and had recorded his diagnosis as Hangfirgten's disease. He recorded that the deceased had excessive Movements of the limbs and also has behavioral problems due to his neurological condition.

(c) The medical prescriptions and treatment papers in relation to the deceased having taken treatment from a specialized Neuro Physician from April, 2015 onwards are placed on record.

(d) On 8/8/2016, the deceased had addressed the Tahsildar, Tahsil Office, Latur, after he was allotted election duty, stating in his communication that he is unable to perform the said duty since his entire body suffers from tremors and he is not able to work.

(e) Since he was suffering from severe body tremors, the Block Development Officer, Panchayat Samiti, Chakur informed the Chief Accountant and Finance Officer, Zilla Parishad, Latur vide communication dtd. 2/8/2018, that the deceased is a disabled person. His body constantly suffers from tremors. He cannot even write anything with his hand and he is not able to perform any work. The office work is facing serious impediments. The registers and documents are not updated as he cannot hold a pen.

(f) He was thus relieved from his duties.

(g) The above communication was in response to the letter issued by the Chief Accountant and Finance Officer dtd. 1/8/2018. He had informed the Block Development Officer not to relieve the deceased from employment.

(h) On 2/11/2018, the District Civil Surgeon, Latur, medically examined the deceased on the instructions of the Chief Accountant and Finance Officer.

(i) He expressed a view in the Medical Certificate dtd. 2/11/2018 that the deceased suffers from Diabetes - Mellitus (II).

(j) Though the petitioner is a male, the Civil Surgeon, as per the details mentioned in the Medical Certificate, appears to have examined a female, and therefore, he has opined that he cannot discover that she is suffering from any disease and that she is found to be fit.

(k) The Chief Accountant and Finance Offic