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VINAY JOSHI, M. S. JAWALKAR
Amol Hiralal Telrandhe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent and request of learned Counsel for both the parties at the admission stage.
3. The petition questions the Government Resolution dated 28/03/2001, which prohibits the family member of deceased employee for the purpose of compassionate appointment as third child has been born after 31/12/2001. It is submitted by petitioner that the father of the petitioner was appointed on the post of Assistant Teacher in the year 1988. He expired during the service on 14/03/2009. The petitioner moved an application for appointment on compassionate ground on 07/12/2009. Thereafter, two subsequent applications were preferred. Respondent No. 3 rejected the application of the petitioner as he is not entitled for compassionate appointment as the application is not made within a period of one year. The said order of respondent No. 3 dated 19/02/2019 was challenged by the petitioner in Writ Petition No. 4113/2019, in which, by judgment dated 26/08/2022, this Court made it very clear that petitioner is entitled for incorporation in the list of eligible candidates.
4. Thereafter, the name of the petitioner was
The court ruled that the cut-off date for disqualification in compassionate appointments must allow for a one-year period post-notification to account for normal gestation, ensuring fairness and just....
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
The main legal point established is the need for just and reasonable decision-making in the application of government policies and rules, especially in cases of compassionate employment.
The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The im....
Compassionate policy's 'family' interpreted per Panchayati Raj law; prior Gram Sabha-recognized separation via Parivar Register excludes employed sibling from joint family, rendering employment bar i....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
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