MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Substitution in Compassionate Appointments Essential to Humanitarian Goals: Bombay High Court

07 May 2024 8:19 AM

By: Admin


High Court’s judgment validates policy allowing substitution beyond age limit and maintains a wait list for compassionate appointments.

The Bombay High Court, Nagpur Bench, has upheld the contentious clauses in the Maharashtra Government’s policy on compassionate appointments, affirming the legality of substitutions even after crossing the age limit of 45 years and the maintenance of a waiting list. The judgment, delivered by a bench comprising Justices Anil S. Kilor, Anil L. Pansare, and M.W. Chandwani, addresses the critical issues surrounding the compassionate appointments policy and aims to strike a balance between providing immediate succor to bereaved families and maintaining administrative efficiency.

A series of writ petitions challenged clauses 3.11 and 3.21 of the Government Resolution dated 21/09/2017, issued by the State of Maharashtra. These clauses set an upper age limit of 45 years for compassionate appointments and permitted the substitution of legal heirs under specific circumstances. The petitioners, comprising widows, children, and other dependents of deceased employees, argued that these restrictions were arbitrary and violated the principles of natural justice as enshrined in the Indian Constitution.

Court Observations and Views

Credibility of the Compassionate Appointments Policy

The court scrutinized the purpose and implementation of the compassionate appointments policy, reiterating its objective to provide immediate financial relief to families of deceased employees. The bench highlighted the humanitarian intent behind such policies, designed to enable families to tide over sudden financial crises resulting from the untimely death of the breadwinner.

In addressing the contentious issue of substitution, the court noted that “the substitution of one legal heir for another does not contravene the object of the compassionate appointment policy.” The bench reasoned that as long as the substitution results in only one family member receiving the appointment, it aligns with the policy’s objective to provide relief without violating the principles of merit-based employment.

The court also examined the provision setting an upper age limit of 45 years for such appointments. It was argued that rigidly enforcing this age limit could result in deserving candidates being unjustly excluded. The bench observed, “The age limit should not negate the core objective of providing timely financial assistance to bereaved families. Substitution beyond the age limit of 45 years should be permissible if it continues to serve the policy’s humanitarian goals.”

The judgment extensively referenced established legal principles and past Supreme Court rulings on compassionate appointments. The court underscored that compassionate appointments are an exception to the general rule of merit-based public employment and should be treated with the necessary flexibility to achieve their humanitarian purpose. The court stated, “The compassionate appointments policy is designed to alleviate immediate distress. Denial of substitution or rigid adherence to age limits undermines this purpose.”

Justice Anil S. Kilor remarked, “Substitution of legal heirs in compassionate appointments is in harmony with the policy’s objective. It ensures that the family’s need for financial support is met, even if the primary applicant crosses the age limit.”

Conclusion

The Bombay High Court’s judgment reaffirms the compassionate appointments policy’s intent and emphasizes a flexible approach to its implementation. By allowing substitutions and maintaining a wait list, the court ensures that bereaved families receive the necessary support without unnecessary bureaucratic hurdles. This landmark decision is expected to provide clarity and direction for future cases, reinforcing the legal framework for compassionate appointments in Maharashtra.

 

Date of Decision-May 28, 2024

Kalpana Others v. The State of Maharashtra & Others

Latest Legal News