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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Anil S.Kilor, Anil L.Pansare, M.W.Chandwani
Kalpana Wd/O. Vilas Taram – Appellant
Versus
State Of Maharashtra, Through Its Secretary, Ministry Of Social Welfare – Respondent
Key Points: - The judgment discusses whether substitution of a wait-listed candidate’s name is permissible despite crossing the 45-year age limit. (!) (!) - It analyzes the object of compassionate appointment—to provide immediate succour to the family of a deceased employee and tide over financial distress, and whether a wait-list policy supports or undermines this object. (!) (!) (!) - It holds that substitution does not defeat the object and that waiting-list maintainance is not contrary to the policy; substitution on ground of age-crossing is not contrary to the object. (!) (!) (!) - It reiterates that compassionate appointment is a concession, not a right, with emphasis on immediacy and financial distress of the family. (!) (!) (!) - It clarifies that delay and lapse of time are separate considerations from substitution, and lack of fixed disentitlement period means substitution cannot be denied solely on delay. (!) (!) (!) - It cites Umesh Kumar Nagpal, Nilima Raju Khapekar, Debabrata Tiwari as foundational authorities structuring the obj ect of compassionate appointment. (!) (!) (!) - It concludes with answer: substitution of name in place of a waitlisted member due to age-limit crossing is not contrary to the object of compassionate appointment; wait-list policy is not contrary to the object either; and Dnyaneshwar Musane (supra) view is correct. (!) (!) (!)
JUDGMENT
ANIL S. KILOR, J.
1. Heard.
2. A bunch of petitions, challenging clauses 3.11 and 3.21 of the Government Resolution, dated 21/09/2017 issued by the State of Maharashtra as regards its policy relating to the compassionate appointments, were listed before a Division Bench. (Coram: A.G.Gharote and M.S. Jawalkar, J.J.)
Clause 3.11 fixes the upper limits for such appointments as 45 years. It further contemplates deletion of name in the eventuality where the appointment is not made till the age of 45 years.
Clause 3.21 permits substitution of name of one of the legal heirs of a person wait-listed for compassionate appointment, if he/ she passes away before the appointment is made.
3. The Division Bench, on hearing the aforesaid bunch of petitions, formed an opinion that, the judgment of the Division Bench of this Court in the case of Dnyaneshwar S/o.Ramkishan Musane ..vs.. State of Maharashtra and others, reported in 2020(5) Mh.L.J. 381 , permitting substitution of name contrary to clause 3.21, does not consider the object of the policy in light of what has been held consistently in Umesh Kumar Nagpal ..vs.. State of Haryana, reported in (1994) 4 SCC 138 , Nilima Raju Khapekar ..vs..
[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.]
The main legal point established in the judgment is that the permissibility of substituting the name in the waiting list for compassionate appointment is subject to the age restriction of 45 years im....
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Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
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