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ROHIT B. DEO, Y. G. KHOBRAGADE
Nishadraj – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Y.G.KHOBRAGADE, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the respective parties.
2. By the present writ petition, the petitioner seeks issuance of appropriate writ order or direction against respondent No.2-Chief Executive Officer, Zilla Parishad, Nagpur to consider his claim for appointment on compassionate ground. The petitioner has further prayed for quashing and setting aside the impugned order dtd. 22/04/2022 issued by respondent No.2.
3. It is an admitted fact that Late Ankush Dharma Sawant, the father of the petitioner was working as a Center Head with respondent No.3, which comes under the control and administration of respondent No.2. However, on 04./04/2016, he died while he was in service. Thereafter, on 07/02/2017 the mother of the petitioner submitted an application with respondent No.2 for giving an appointment on compassionate ground to her son i.e. the petitioner. On 09/01/2018, the mother of the petitioner and widow of deceased Ankush died. After intimating the sad demise of the mother of the petitioner to respondent Nos.2 and 3 vide letter dtd. 31/07/2020, the petitioner was called upon to
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
The application for compassionate appointment should be made within the specified time frame as per government orders.
Policies for compassionate appointments must consider the realities faced by minors, and arbitrary time limits can be read down to ensure fairness.
The main legal point established in the judgment is that compassionate appointment claims should not be denied solely on the grounds of delay, especially when the family of the deceased government se....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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.
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
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