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Bombay High Court on Wednesday held that a Government Resolution of 2015 that name of any legal representative of deceased employee would not be substituted by any other legal representative seeking appointment on compassionate ground, is arbitrary, irrational and unreasonable and violates the fundamental rights guaranteed by Article 14 of the Constitution of India.

A division bench of Justices Z. A. Haq & S. M. Gavhane said, “we find that the restriction imposed by the Government Resolution dated 20.05.2015 that name of legal representative of deceased employee cannot be considered in place of another legal representative of that deceased employee whose name happens to be in the waiting list for giving appointment on compassionate ground, is unjustifed.”

As per the policy of the State Government, one legal representative of deceased employee is entitled to be considered for appointment on compassionate ground. However the Government Resolution says if one legal representative of deceased employee stakes claim for appointment on compassionate ground, then name of another legal representative of the deceased employee cannot be substituted in place of the other legal representative who had already submitted the application earlier.

In this case the father of the petitioner was working as a primary teacher and while in employment he died. Earlier at that time the petitioner was minor and the mother of the petitioner applied for the appointment on the compassionate ground thereby her name was included in the list. Further, the grand parents objected on the same and proposed appointment to be given to deceased’s son. Mother gave up the claim. However, when the deceased’s son became major and applied with a fresh application the Chief Executive Officer rejected the same relying upon the Government Resolution.

The court observed that such prohibitions frustrates the object for which the policy to give appointments on compassionate grounds is formulated and declare the Government Resolution as unjustified and has directed it to be deleted.

Court held, that the restriction imposed by the Government Resolution, that if name of one legal representative of deceased employee is in the waiting list of persons seeking appointment on compassionate ground, then that person cannot request for substitution of name of another legal representative of that deceased employee, is unjustifed and it is directed that it be deleted.

Court said that the petitioner is entitled for consideration for appointment on compassionate ground with the Zilla Parishad, Parbhani.

Court directed Chief Executive Officer is to include the name of the petitioner in the waiting list of persons seeking appointment on compassionate ground, substituting his name in place of his mother’s name.

-India Legal Bureau 

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