Bombay High Court Allows Substitution in Compassionate Appointment Waiting List
Bombay HC allows son's compassionate appointment substitution for deceased father, considering widow's age and lack of benefits. Case: Durgadas v. State of Maharashtra.
The Bombay High Court recently addressed a case involving compassionate appointment. A widow sought appointment after her husband's death, but due to age, she would not benefit from the position. Their son then petitioned for his own appointment, leading to a legal battle. The court allowed his substitution, considering the circumstances.
In the case of Durgadas s/o. Sunil Saindane v. State of Maharashtra, the court examined the petitioner's plea. The petitioner's father, an employee of Jalgaon Municipal Corporation, passed away, and the widow applied for compassionate appointment. However, as she aged, her benefits diminished, prompting the son to seek his own appointment.
The court observed, "Even if this Court was to grant compassionate appointment to the widow, being a class IV employee, she would retire at the age of 60 after putting in around 4-5 years in employment. She would not even be entitled for pension and the moment she gets compassionate appointment, present pension payable on account of the deceased husband's service, would also stop."
While the Municipal Corporation initially rejected the son's request, citing delay, the court found this reasoning unjustified. It noted that the son's application was a continuation of his mother's, submitted after she exceeded the age limit.
The court directed the petitioner's name to be placed in the compassionate appointment waiting list, ensuring fair consideration for the position. It clarified that its decision stemmed from the unique circumstances of the case.
