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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Vishal Ravindra Wagh – Appellant
Versus
State Of Maharashtra Through Its Secretary – Respondent
ORDER :
1. Leave to correct the description of Respondent Nos.1, 3 and 4.
2. This Petition has been filed for seeking compassionate appointment. The Petitioner is the nephew of the deceased bread earner, Vijay Ratan Wagh, who was working as a Peon with the Respondent - Command Area Development Authority (CADA).
3. Vijay Ratan Wagh passed away on 14.05.2009. His widow Smt. Asha is receiving pension and has received the service benefits on account of the demise of her husband. It is stated that the first son of the deceased Vijay, namely Vinod Vijay Wagh, who was enlisted as an eligible candidate for compassionate appointment, passed away on 11.03.2022. The second son of the deceased-Vijay, namely Himmat Vijay Wagh, passed away on 06.11.2021. Both were unmarried. The name of the Petitioner was recommended by the widow, for compassionate appointment. By the impugned order dated 24.07.2024, the Assistant Superintending Engineer concluded that the Petitioner is not an eligible candidate and rejected the proposal.
4. The Petitioner relies upon the GR dated 29.09.2017, more particularly Clause 4 (A & AA), which read as under:
5. The learned advocate Shri Bolkar submits that Sub-clause-AA would
Compassionate appointment is not a right; eligibility is strictly defined by government resolution, and the petitioner did not qualify.
Compassionate appointment is an exception to the normal method of recruitment, subject to strict scrutiny of various parameters including the financial position of the family, and is meant to enable ....
The central legal point established in the judgment is the eligibility of near relatives of deceased government servants for compassionate appointment, emphasizing the need to consider the distress o....
Compassionate appointment must consider the current financial condition of the bereaved family, not just the employment status of dependents at the time of death.
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 ....
Married daughters may seek compassionate appointment, contingent upon proving financial dependency and fulfilling established governmental guidelines.
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