In a significant development, the Supreme Court of India has delivered a landmark ruling in a case regarding compassionate appointments. The case involved the Nagpur Pradesh Education Society and the Government of Maharashtra, addressing the issue of appointments on compassionate grounds. The Court’s decision is set to have far-reaching implications for individuals seeking relief under compassionate appointment provisions.
Facts
- The High Court dismissed the Writ Petition filed by the Appellant.
- The Appellant was seeking appointment on compassionate grounds.
- The Appellant’s father was a Peon (Class IV) with the School run by the Nagpur Pradesh Education Society.
- The Appellant’s family had already received monetary benefits of Rs. 7,50,000 towards statutory dues of the deceased.
- The High Court held that the relief sought by the Appellant cannot be granted due to the monetary benefits already received.
- The Government of Maharashtra relaxed the ban for candidates in the waiting list of appointments on compassionate ground till 31.12.2011.
- The Government revised its decision dated 22.08.2005 to increase the limit of recruitment to 10% of posts in Group ‘C’ and ‘D’ on compassionate appointment basis.
- The Appellant filed a W.P. before the High Court as their representations were not granted, seeking approval for two vacant Junior Clerk posts in schools run by Nagpur Pradesh Education Society.
- The Appellant’s father suddenly expired in 2012, and the family received monetary benefits at that time.
- The Education Officer considered the Appellant’s application for compassionate appointment as the mother was receiving a monthly pension.
- The Education Officer mentioned a ban on recruitment on non-teaching employees on compassionate grounds, which was relaxed for wait-list candidates until 31.12.2011.
- Further communication indicated that the President of the Society was willing to grant compassionate appointment if the Education Officer granted permission.
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Arguments
- The Appellant is eligible and qualified for the post of Peon (Class IV) in two schools run by Respondent Nos. 3 and 4.
- There is a vacancy for the post of Peon (Class IV) in the mentioned schools.
- The Appellant and his family are going through a severe financial crisis following the death of his father.
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Analysis
- The Appellant meets the educational qualifications for the post of Peon with an S.S.C. Degree along with MS. C.I.T.
- The Society expressed willingness to appoint the Appellant on compassionate grounds if permission is granted by the Education Officer.
- Despite the ban on compassionate appointments since 2005, the Government increased the reserved posts to 10% for Group C and D positions.
- A relaxation was initially granted for waitlisted individuals until 31.12.2011, and further actions were taken by the Government to implement the increased quota.
- The fact that the matter has not been considered by the High Court in the impugned judgment.
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Decision
- The appeal has been allowed and the judgment by the High Court has been set aside.
- The appellant is directed to be appointed, and a proposal for the appointment needs to be submitted within one month.
- Pending applications, if any, have been disposed of.
Case Title: YOGESH NAGRAOJI UGALE Vs. STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY
Case Number: C.A. No.-006626-006626 / 2019
