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VRUSHALI V. JOSHI, SANDEEP K. SHINDE
Vinod, s/o. Namdeorao Budhbaware – Appellant
Versus
State of Maharashtra, School Education and Sports Department, through its Secretary – Respondent
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 pr
The main legal point established is that the employment status of one family member in a government job does not automatically disqualify other family members from seeking compassionate appointment, ....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment should be based on the specific provisions of the Dying-in-Harness Rules, and in this c....
Appointment on compassionate basis is not a vested right and is aimed at protecting the family from financial destitution. There is no inherent right to appointment on compassionate basis, and it is ....
The central legal point established in the judgment is that the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 does not disqualify a married daughter from seeking ....
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