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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Ganesh Navnath Kendre – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment on compassionate grounds. (Para 1 , 2) |
| 2. arguments regarding eligibility and reasons for denial. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on the validity of the petitioner's claim. (Para 7 , 8 , 9) |
| 4. determining criteria for compassionate appointment. (Para 10) |
| 5. final ruling and instruction to appoint petitioner. (Para 11 , 12) |
JUDGMENT :
[ PER HITEN S. VENEGAVKAR, J.]
1. The petitioner Ganesh Navnath Kendre has approached this Court invoking the writ jurisdiction under Article 226 of the Constitution of India seeking issuance of writ of mandamus directing respondent No. 3, the management of the educational institution run by its society to appoint the petitioner on the post of clerk on compassionate grounds as per the State Government policy and also to forward the necessary proposal to respondent No. 2 that is the Education Officer (Secondary) for approval. The petitioner's father was serving as a clerk in the school run by respondent No. 4, which is managed by respondent No. 3 - Society and he expired on 04.04.2021 while in service.
2. The petitioner who has passed the higher secondary certificate examination and holds valid certifica
Compassionate appointments must not be denied on minor technicalities if the applicant meets the eligibility criteria and the circumstances warrant relief, reflecting the intention of the policy to a....
Compassionate appointment should be strictly in accordance with the relevant Government Orders and the scheme framed for the purpose by the employer, and it is intended to alleviate the financial har....
Compassionate appointment should strictly adhere to relevant Government Orders and schemes, and is intended to alleviate the financial hardship faced by the family of the deceased breadwinner.
Compassionate appointments are exempt from recruitment bans aimed at new posts, as their purpose is to assist families in financial distress following the death of a breadwinner.
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
Compassionate appointment claims strictly governed by time limits in G.Os; no right to relax delay despite family hardship.
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