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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Ranjita Gautam Sadashiv – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner seeks appointment on compassionate basis in place of her husband who was a Secondary School Teacher and passed away on 05.03.2016. The legal impediment is that the Petitioner has three children and the third child is born on 12.10.2004, after the cut-off date 31.12.2001 prescribed by the G R dated 28.03.2001. The elder daughter of the Petitioner has got married. The learned Advocate for the Zilla Parishad submits that the Petitioner has received Rs. 17,79,266/- (Rupees Seventeen Lakh Seventy Nine Thousand Two Hundred Sixty Six), towards the service benefits on account of her husband’s demise. She is receiving Rs. 33,000/- per month as pension. Her second daughter is now 20 years of age and her third child, a son, is 18 years of age.
3. The learned Advocate for the Petitioner places reliance upon a notification dated 28.03.2005 issued by the Deputy Secretary, State of Maharashtra, to support the contention that the said notification requires a declaration of small family as one of the essential qualifications for recruitment on posts in group A, B,
Compassionate appointments must adhere to the eligibility criteria existing at the time of the employee's death, and retrospective application of new rules is not permissible.
The main legal point established in the judgment is that the amended Rules of 2019 applied to pending cases, and the petitioner was eligible for compassionate appointment based on the financial condi....
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.
If the marital status of a son does not make any difference in Law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as ....
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Compassionate appointment for married daughters is limited by eligibility criteria, specifically the presence of siblings and the family's financial condition, as per relevant government orders.
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