Compassionate Appointment Exception To Rule Of Selection Procedure: Bombay High Court Grants Relief To Widow

The Bombay High Court recently came to the rescue of a widow, who was denied compassionate appointment in place of her deceased husband who was working as a Peon in an educational premises.

She was denied the benefit vide an order passed by the Education Department stating that the proposal seeking sanction to the new staffing pattern is pending with the Government and as yet no sanction is received from the Government. 

Setting aside this communication, the bench of Justices Sadhana S. Jadhav and SG Dige observed,

"there is no necessity to have sanction to the new staffing pattern for appointment on compassionate ground, therefore, the petition deserves to be allowed."

While doing so, the bench took note of the High Court's observations in Yogita Shivsing Nikam v. State of Maharashtra and others, where while considering similar facts it was held thus:

"To say the least, we are shocked by the stand taken by the State Government, which is not only against logic and reason, but is in complete contradiction to the law crystallized by this court in numerous judgments. It is unconscionable for the State to canvass such grounds virtually rendering the bereaved family to starvation. We find that the State has consistently ensured that not a single Government Resolution, pertaining to ban on recruitment, stay on filling in vacant posts and prohibition on appointments until the staffing pattern of the non teaching posts is formalized, would apply to appointments made on compassionate grounds. This Court has also consistently taken a view that compassionate appointment would be an exception to the mandatory rule of following specific selection procedure for recruitment on vacant posts or on newly created posts."

The High Court had then proceeded to warn that in case it comes across any case refusing approval to a compassionate appointment which is otherwise legally sustainable satisfying the eligibility criteria, it would issue directions recommending strict disciplinary action against the Education Officer and would not hesitate to initiate contempt of Court proceedings against the persons responsible.

"They are interpreting the Government Resolutions in the most inappropriate manner, despite the crystalised position of law. Because of such acts of the Education Officers, widows and eligible candidates are compelled to rush to this Court after having suffered mental and physical agony of a personal loss of a sole bread earner and also spend on litigation which is costly these days. We would also impose heavy costs to be recovered from the salaries of such Education Officers for the pain caused to such petitioners," the High Court had added further.

In view of the above, the writ petition was allowed. 

Case Title : Smt. Varsha Deepak Desale v The State of Maharashtra

Citation: 2022 LiveLaw (Bom) 111

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