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A. S. CHANDURKAR, JITENDRA JAIN
State of Maharashtra, through Principal Secretary Water Resources Department – Appellant
Versus
Chhaya Vishwas Bhosale – Respondent
JUDGMENT :
Jitendra Jain, J.
1. By this petition under Article 226 and 227 of the Constitution of India, the Petitioner-State seeks to challenge the order dated 23rd January 2020, passed by the Maharashtra Administrative Tribunal (for short “Tribunal”), whereby the Original Application (O.A.) No.863 of 2017 filed by the Respondents was allowed and the Petitioner-State were directed to consider the application for appointment on compassionate ground.
2. Narrative of Events:-
(ii) On 16th June 2006, the aforesaid application made by Respondent No.1-wife was rejected on the ground that her son was a minor. Therefore, on 31st August 2006, the Respondent No.1-wife made an application seeking appointment for herself on compassionate ground. The Respondent No.1-wife was put on waiting list at Serial No.50.
(iii) On 2nd June 2014, the Petitioners informed Respondent No.1-wife that her name from the waitin
Compassionate appointment should be provided immediately to redeem the family in distress and is not a vested right. The financial circumstances of the family and the lapse of time since the death of....
[Compassionate appointments are a concession, not a right, and must be claimed promptly to address immediate financial crises. Delays in application undermine the purpose of the policy.]
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
Compassionate appointment is a concession, not an absolute right, and should be granted strictly in accordance with the terms and conditions, without diluting the eligibility criteria.
Compassionate appointment cannot be claimed as a matter of right after a certain period, and the purpose is to mitigate the hardship due to the death of the breadwinner in the family.
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