Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
KISHORE C.SANT, ABASAHEB D.SHINDE
Anusaya Wd/o Anil Bhosale – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conclusion allowing the writ petition and directing approval. (Para 1 , 8 , 9) |
| 2. compassionate appointment and related approvals. (Para 3 , 5 , 6 , 7) |
| 3. arguments regarding refusal of appointment approval. (Para 10 , 11) |
| 4. court's interpretation of compassionate appointments under government resolution. (Para 12 , 13 , 14) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Heard.
2. Rule. Rule made returnable forthwith. With the consent of the parties, the writ petition is heard finally at the stage of admission.
3. By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of directions to the respondent No. 2, the Education Officer (Primary), Zilla Parishad, Latur to grant approval to her appointment on compassionate ground to the post of peon pursuant to the proposal submitted by the respondent No. 3 – management and respondent No. 4 – school with further prayer of seeking consequential benefits thereon.
4. The facts which are undisputed can be summarized as follows.
5. The husband of the petitioner namely Anil Mallikarjun Bhosale was working on Class - IV post i.e. peon in respondent No. 4 – school. He was a permanent employee and
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.
Appointment of the candidate on a compassionate ground would not be affected by a ban on recruitment and such appointments are not a fresh appointments.
The main legal point established in the judgment is that Government Resolutions imposing a ban on fresh recruitment do not apply to appointments made on compassionate basis, as they are kept outside ....
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 - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
The legal position on compassionate appointment is well settled, and the court found no change in government policy, leading to a partial allowance of the petition to ensure the petitioner's name is ....
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
