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Passionate Appointment

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21 views6 pages

Passionate Appointment

Uploaded by

yuvrajgaming16
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL

MUMBAI

ORIGINAL APPLICATION NO.57 OF 2021

DISTRICT : SATARA

Shri Hemant Narayan Devale. )


Age : 34 Yrs, Occu. Nil. )

R/o. 779, Shanivar Peth, Near )


Chintamani Hospital, )
District : Satara. )...Applicant
Versus

1. The State of Maharashtra. )


Through its Additional Chief )
Secretary, General Administrative )
Department, Mantralaya, )
Mumbai – 400 032. )

2. The Commissioner. )
Small Saving Directorate, )
New Administrative Building, )
8th Floor, in front of Mantralaya, )
Mumbai – 400 032. )

3. The Assistance Director, )


Small Savings, 3rd Floor, )
Old Zilla Parishad Building, )
Pune – 411 001. )

4. The Collector, Satara. )

5. Mrs. Rekha A. Devale-Bodhe. )


Age : 32 Yrs., residing at Sainik )
School Quarters, Satara. )…Respondents

Mr. S.R. Ghanavat, Advocate for Applicant.


Mr. A.J. Chougule, Presenting Officer for Respondents 1 to 4.
Respondent No.5 served but absent.
2 O.A.57/2021

CORAM : A.P. KURHEKAR, MEMBER-J

DATE : 29.04.2022

JUDGMENT

1. The Applicant has filed the present Original Application for


direction to Respondent No.4 – Collector, Satara to appoint him on
compassionate ground, invoking Section 19 of the Administrative
Tribunals Act, 1985.

2. Shortly stated facts giving rise to this application are as under :-

Applicant’s father viz. Narayan Devale was Driver on the


establishment of Respondent No.2 – Commissioner, Small Savings
Directorate, Mumbai. He died in harness on 10.07.2010 leaving behind
first wife Alka and second wife Asha as well as children born from them.
Applicant has two daughters viz. Nilam (married daughter), Aarti
(unmarried) and son viz. Hemant (present Applicant) from first wife
Aasha. Whereas, second wife Asha have one daughter viz. Rekha from
deceased Government servant. Admittedly, deceased Narayan had
performed 2nd marriage during the subsistence of marriage with first wife
Alka. Second wife Asha is living separate. Her daughter Rekha (step
sister of the Applicant) got married on 20.07.2020 and staying with her
husband.

3. After the death of father, the present Applicant Hemant had made
an application on 28.06.2010 i.e. within one year in terms of policy of
compassionate appointment and requested to appoint him on
compassionate ground. Respondent No.2 has forwarded proposal to
Respondent No.4 – Collector, Satara. The name of Applicant was taken
in waiting list by Collector, Satara at Serial No.278. However, before
Applicant’s turn comes for issuance of appointment order as per waiting
list, his step sister Rekha made an application on 06.09.2018 and she
too claimed appointment on compassionate ground stating that she has
3 O.A.57/2021

no job and her mother (Asha) would be retiring soon. It is because of


this objection and claim made by step sister Rekha, the Collector, Satara
found it difficult to take further steps to give compassionate appointment
to the Applicant. The Collector, Satara by letter dated 17.09.2018 asked
the Applicant to bring No Objection Certificate of all concerned heirs. It
is on this background, the Applicant has filed the present O.A.

4. It may be noted that in 2010, after the death of Narayan Devale


proceedings for grant of Succession Certificate was filed before Civil
Judge, Senior Division, Satara for disbursement of some monetary
benefits of deceased Narayan. The Civil Court issued Succession
Certificate on 09.07.2014 declaring first wife Asha and her children as
legal heirs of deceased and at the same time also gave declaration that
step sister Rekha would be also entitled for 1/5th share amount left by
deceased. Thus, insofar as amount left by deceased Narayan Devale is
concerned, the Applicant, his two sisters, mother Alka and step sister
Rekha were declared entitled to 1/5th share in the said amount.

5. In the present O.A, step sister Rekha is also made party as


Respondent No.5, but she is absent though served.

6. Heard Shri S.R. Ghanavat, learned Advocate for the Applicant and
Shri A.J. Chougule, learned Presenting Officer for the Respondents.

7. Shri S.R. Ghanavat, learned Advocate for the Applicant has


pointed out that step sister Rekha did not make any application for
appointment on compassionate ground and for the first time after 8
years, she lodged totally untenable objection. He further submits that
admittedly, step sister Rekha is married and living with her husband.
He has further pointed out that Rekha’s mother Asha (second wife of
deceased Government servant) is also in service in Sainik School, and
therefore, objection raised by step sister Rekha is totally untenable.
4 O.A.57/2021

8. Per contra, Shri A.J. Chougule, learned Presenting Officer in


reference to Affidavit-in-reply submits that since NOC of all heirs are
required, the process of issuance of appointment order to Applicant on
compassionate ground is held-up.

9. Needless to mention, the scheme of compassionate appointment is


introduced to alleviate financial difficulties of distressed family which
they are likely to face due to death of sole earning member of the family.
It is not hereditary nor cannot be claimed as a matter of right. It is by
way of concession and exception to public recruitment. As such, the
claim for compassionate appointment has to be strictly in terms of policy
framed by employer in this behalf.

10. The facts of the present case as narrated above are not in dispute.
The Applicant made an application for appointment on 28.07.2010 which
was well within limitation in terms of policy. Accordingly, his name was
also entered in waiting list on the establishment of Respondent No.2 –
Collector, Satara. However, it is because of belated objection raised by
Respondent No.5 – Rekha, step sister, further process in the matter of
compassionate appointment is obstructed. It is for the first time after 10
years, step sister made an application on 06.09.2018 claiming
compassionate appointment. Whereas, application for compassionate
appointment was required to be made within one year from the death of
deceased Government servant. Step sister Rekha is living separate with
her mother Asha (second wife). She got married on 20.07.2020. As
such, she now living with her husband. Notably, her mother Asha
(second wife of deceased Government servant) is serving in Satara Sainik
School as clearly borne out from record. The learned Advocate for the
Applicant has produced Marriage Certificate of step sister Rekha as well
as Identity Card of Asha showing that she is the employee in Satara
Sainik School. Apart, the perusal of deposition of Asha in the
proceedings of Succession Certificate makes it quite clear that she is in
service in Satara Sainik School from 1996. In Civil Court, in cross-
5 O.A.57/2021

examination, she admits that she has no documents to show that she
was married legally with deceased Government servant Narayan. It is
thus quite clear that deceased had performed second marriage with Asha
during subsistence of marriage with first wife Alka. Indeed, while
granting Succession Certificate, the Civil Court observed that the
Applicant and his sisters Nilam and Aarti are legitimate children of
deceased Government servant. As regard step sister Rekha, the Civil
Court observed that she is illegitimate child but entitled to 1/5th share in
the amount left by deceased.

11. In the present matter, the issue pertains to entitlement of the


Applicant to appointment on compassionate ground. Needless to
mention that appointment on compassionate ground is not hereditary
right nor it can be claimed by way of succession. It is by way of
concession or exception, so as to give immediate relief to the distressed
family after the death of sole earning member of the family. The step
sister Rekha is already married and living with her husband. Her mother
Asha is also in Government service. She raised objection and claimed
appointment on compassionate ground belatedly after 8 years. As such,
obviously, she is not in such a financial distressed condition so as to
need compassionate appointment. It is the Applicant who is in need of
compassionate appointment, since he has to maintain mother and one
unmarried daughter. Suffice to say, Applicant’s claim for appointment
on compassionate ground cannot be withheld or defeated because of
objection raised by step sister Rekha.

12. The totality of aforesaid discussion leads me to conclude that


Applicant, if found eligible otherwise, is entitled for appointment on
compassionate ground and O.A. deserves to be allowed. Hence, the
order.
ORDER

(A) The Original Application is allowed.


6 O.A.57/2021

(B) Respondent Nos. 1 to 4 are directed to consider the claim of


Applicant for appointment on compassionate ground and if
found otherwise eligible, necessary steps to that effect be
taken in terms of her placement in waiting list.
(C) No order as to costs.

Sd/-
(A.P. KURHEKAR)
Member-J

Mumbai
Date : 29.04.2022
Dictation taken by :
S.K. Wamanse.
D:\SANJAY WAMANSE\JUDGMENTS\2022\April, 2022\O.A.57.21.w.4.2022.Compassionate Appointment.doc

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