Delay in compassionate appointment by government causing more grief to the family is unjustifiable: Bombay High Court

By - Pavni Dada*

A 30-year-old widow lady whose husband worked as a peon at the Sant Dyaneshwar Vidyalaya in Parbhani initiated the plea. Her husband died in an accident on June 8, 2017, after working for 19 years in the company. On a compassionate basis, she was appointed as a peon in her husband's company. 

The approval for the act was awaited, but it was later denied vide order dated 14.03.1018, stating that the problem of sanctioning the staffing pattern for the non-teaching role is still under consideration by the government and the petitioner's appointment on compassionate grounds cannot be taken into account. 

It is also said in the affidavit that unless the Government sanctioned the staffing pattern of non-teaching employees and there is no policy decision on the same, a fresh appointment on a non-teaching post cannot be approved.

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The Bombay High Court bench at Aurangabad observed that the appointment on compassionate grounds is not only a humanitarian act but is also intended to provide urgent relief to a family in distress who has unexpectedly lost the sole bread earner and is on the verge of starving. Any action by the government to delay a compassionate appointment, causing more grief to the family, is unjustifiable.

Accordingly, the bench directed the Education Offcer (Secondary), Zilla Parishad, Parbhani to approve the compassionate appointment of the petitioner-widow on or before 31.08.2021 and quashed the impugned order dated 14.03.2018.

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“The impugned order which is unreasoned and cryptic, cannot be sustained, it being beyond logic and reason….The impugned order dated 14.03.2018 stands quashed and set aside.”, the court held.

CLICK HERE TO READ JUDGMENT.

*Pavni Dada is a 1^st year student pursuing B.B.A.LL.B from Symbiosis Law School, Hyderabad.