The Aurangabad Bench of the Bombay High Court has directed a Parbhani-based educational institution to appoint the son of a deceased school employee as a clerk on compassionate grounds. A Division Bench of Justices Vibha Kankanwadi and Hiten S. Venegavkar allowed the writ petition filed by the applicant, whose father had served as a clerk in a school run by the respondent society before passing away in service in April 2021.

The petitioner had sought appointment as clerk under the State’s compassionate appointment policy. Despite possessing the required qualifications and the availability of two sanctioned clerk posts, the school management rejected his request and instead offered him a peon’s position. The Court found this decision arbitrary and contrary to the intent of the Government Resolution dated September 21, 2017, which governs compassionate appointments.

The Bench held that technical objections such as minor delays, receipt of terminal benefits, or past juvenile proceedings cannot be grounds to deny compassionate appointment when eligibility is undisputed. Observing that the management had defied directions issued by the Education Officer, the Court quashed the rejection order and directed the management to appoint the petitioner as a clerk within two weeks and for the Education Officer to grant immediate approval. However, the operation of the order was stayed for four weeks to enable the respondents to approach the Supreme Court.

Appearances: 

Mr. Mahesh V. Ghatge, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for respondent Nos. 1 and 2 – State
Mr. Anand P. Bhandari, Advocate for respondent Nos. 3 and 4