IMPORTANT POINT
[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.]

JUDGMENT/ORDER

URMILA JOSHI-PHALKE, J. - RULE. Rule made returnable forthwith.

2. The matter is finally heard by the consent of the parties.

3. By this petition, the petitioner is seeking the direction to the respondents to consider the claim of the present petitioner for the compassionate appointment. As per contention of the petitioner, petitioner is son of deceased employee Surendra Kumar Ishrawat who was working as a Headmaster with the respondent No.2, Zilla Parishad, Gondia. The deceased Surendra Kumar Ishrawat while discharging his duty on 7/8/2012 expired. After the death of Surendra Kumar his wife Sangita had applied for appointment on compassionate ground within prescribed period on 6/12/2012. Accordingly, her name was included in the waiting list for appointment on compassionate ground. During the year 2012-2028 no appointment was granted to the mother of the petitioner, therefore, she had made the representation to the respondent authorities on 13/10/2016 for substitution of name of her son to be included in the waiting list. Thereafter, the petitioner has also made a representation to respondent No.4 for including his name in the waiting list. Though, they have diligently taken the follow up for appointment but no steps are taken by the respondents to substitute the name of the petitioner in the waiting list. On 2/2/2017 reply was given to the petitioner's mother contended that there is no provision for substitution of name. The name of the mother of the petitioner was deleted from the waiting list because she had attained the age of 45 years and now in view of policy she is not eligible for appointment on compassionate ground. As per contention of the petitioners, the respondent authorities neglected their proposal for appointment on compassionate ground which is in contravention of the legitimate right of the petitioner and dehors the scheme of compassionate appointment and therefore, preferred this petition for directions to the respondent No.2 to consider the petitioner's application for grant of compassionate appointment.

4. The respondent Nos.2 and 4 denied the entire contentions of the petitioners on the ground that there is no provision in the policy of the substitution as wife of the deceased who has initially filed an application has attained the age of 45 years, after completion of 45 years her name is deleted from the waiting list and therefore, the writ petition deserves to be dismissed.

5. We have heard learned Counsel Ms. Pathan for the petitioner who questions the denial of the appointment of the petitioner in Class-IV category with the respondent No.4 on compassionate appointment. She stated that the death of the deceased was occurred on 7/8/2012 therefore, policy of 2010 is applicable. In view of policy of 2010, the present petitioner is entitled for the compassionate appointment. The reply given by the respondent Nos.2 and 4 to the petitioner that there is no provision of substitution is against the public policy therefore, directions are required to the respondents to include the name of the present petitioner in the waiting list and to provide him appointment on compassionate basis.

6. Per contra, learned Counsel learned Counsel Shri Zahir on behalf of Shri Abhijit Parihar, learned Counsel for respondent Nos.2 and 4 submitted that there is no policy to substitute the name of the petitioner in the name of his mother.

7. Learned Counsel Ms. Pathan also reiterated contention and submitted that compassionate appointment is claimed by the petitioner as a right. Per contra, learned AGP Shri M. K. Pathan for the State submitted that the object of granting compassionate appointment is to enable the family members of a deceased/incapacitated employee to tide over the sudden financial crises, appointments on compassionate ground should be made immediately to redeem the family in distress. None can claim compassionate appointment by way inheritance. Compassionate appointment is a concession and not a right and