Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR, JJ.
Umesh S/o Udhavrao Tawar – Appellant
Versus
The Chief Executive Officer – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
1. Heard. Rule. It is made returnable forthwith. Mr. Tambe waives service for respondent no. 1 and Mr. Ingole, learned AGP waives service for respondent no. 3.
2. The petitioner is seeking appointment with respondent no. 1 on compassionate ground on account of demise of his father on31-08-2004 while being in the employment of respondent no. 1 - Zilla Parishad as a primary school teacher in Zilla Parishad primary school, Paithan. His date of birth is 15-09-1995. After attaining majority, he submitted an application under the extant scheme seeking appointment on compassionate ground on 10-02-2014. It was forwarded by the headmaster to respondent no. 2 - Block Education Officer on the very day. In spite of being eligible, the proposal was rejected by respondent no. 1, on the ground that it was not submitted within the stipulated period of one year, as is expected under the scheme pronounced by government resolution dated 11-12-1996. It was ignored that the application was filed within a year of his reaching the age of majority. Hence, this petition challenges the impugned communication / order dated 14-09-2016, refusing appointment on compassionate ground
Policies for compassionate appointments must consider the realities faced by minors, and arbitrary time limits can be read down to ensure fairness.
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointment is an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
Compassionate appointment is not a vested right and is meant to address immediate financial crises. The sense of immediacy is diluted and lost in cases of prolonged delay, and compassionate appointme....
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
