JUDGMENT :

(Sandeep K. Shinde, J.)

1. Education Officer (Secondary), Zilla Parishad, Wardha, vide order dated 20th July, 2022, declined to grant approval to the Petitioner’s appointment on compassionate ground, in view of Policy set out in Government Resolutions dated 31st December, 2002 and 21st September, 2017. Feeling aggrieved thereby, this petition is preferred.

Facts of the case

2. Petitioner’s brother, Pundlik Budhbaware was Assistant Teacher in the Respondent No.4-School. While in service, he passed away on 8th April, 2013. He was survived by mother, wife, minor son, brother (Petitioner herein) and married sister. Except married sister, others were unemployed and dependant on deceased-Pundlik. In the circumstances, on 26th April, 2013, Petitioner being dependant, applied for grant of compassionate appointment. Petitioner’s application was endorsed by Vijayalaxmi, widow of deceased-Pundlik. She had expressed her inability to accept employment on compassionate ground, but had consented to appointment of Petitioner in the Respondent No.4-School. Whereupon, the Respondent No.3-Society, appointed the Petitioner, as a Junior Clerk vide appointment order dated 30th April, 2013, on probation for a period of two years on a permanent sanctioned post. After which, the Headmistress of the School sought sanction of Education Officer to Petitioner’s appointment. The proposal was forwarded on 31st May, 2013 to Education Officer. It was followed by reminder on 30th June, 2014. It appears that even Deputy Director of Education, Nagpur vide communication dated 18th September, 2014, directed Education Officer to consider the case of Petitioner for grant of approval. Whereafter, the Education Officer, by impugned order, refused to grant the approval, reason being, compassionate appointment Policy, set out in the Government Resolutions dated 31st December, 2002 and 21st September, 2017, disentitles the Petitioner from seeking compassionate appointment since deceased had left behind widow and minor son.

3. Heard Mr. Deshpande, learned Counsel for the Petitioner, Mr. Thakare, learned Additional Government Pleader for Respondents No.1 and 2, and Mr. Naik, learned Counsel for Respondents No.3 & 4.

4. Questions fall for consideration is, “(i) whether Petitioner’s claim for compassionate appointment on death of his married brother, survived by widow and minor son, was admissible to the Scheme of compassionate appointment, set out in Government Resolutions dated 31st December, 2002 and 21st September, 2017;” AND “(ii) whether exclusion of brother, of married deceased-employee for compassionate appointment, has rational nexus with the purpose and object, sought to be achieved, under the scheme of compassionate appointment.”

5. Before adverting to the arguments of learned Counsel for the respective parties, it may be stated, that appointment of the Petitioner on the compassionate ground, was made only after he had assured to support his brother’s family. Besides, wife of the deceased-Pundlik, consented to it and expressed her inability to accept the employment. Even in the course of the hearing of this petition, wife of the deceased-Pundlik has filed an affidavit on 5th December, 2022, stating that;

“1. My husband Pundalik s/o Namdeorao Budhbaware while in employment expired on 08/04/2013. By letter dated 26/04/2013, I had consented to appoint my brother in law Vinod Namdeorao Budhbaware on compassionate ground.

2. I hereby again tender my consent to the appointment of my brother in law Vinod Namdeorao Budhbaware on compassionate ground. After the demise of my husband, my brother in law, Vinod Namdeorao Budhbaware is looking after and supporting the whole family. I have no objection to the appointment of my brother in law Vinod Namdeorao Budhbaware on compassionate ground. I undertake not to claim compassionate appointment since the same is granted to my brother in law Vinod Namdeorao Budhbaware.”(emphasis supplied)

6. Learned Counsel for the Petitioner has