Compassionate Appointment Exception to Rule of Selection Procedure: Bombay High Court Grants Relief to Widow
Case: Smt. Varsha Deepak Desale v The State of Maharashtra
Coram: Justices Sadhana S. Jadhav and SG Dige
Case No.: Writ Petition No. 15177 Of 2019
Court Observation: “there is no necessity to have sanction to the new staffing pattern for appointment on compassionate ground, therefore, the petition deserves to be allowed.”
“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.”
“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,”
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