Sandeep Paraji Rumanwad v. The State Of Maharashtra And Others

939wp4292.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO.4292 OF 2022 SANDEEP PARAJI RUMANWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.Salgare Vitthal G. AGP for Respondents-State : Mr.

...

CORAM : RAVINDRA V. GHUGE, & ANIL L. PANSARE, JJ.

DATE : 29th JUNE, 2022 PER COURT :

1.

The petitioner has already been granted compassionate appointment by the order dated 30th July, 2019. When his father passed away on 21.12.2003, he was minor. His mother passed away prior to the demise of his father.

2.

The petitioner now contends that his qualifications have been improved to a level of B.Com, Government Certificate in Computer Typing Basic (GCC and TBC) and Computer Course on Computer Concepts (CCC). He, therefore, contends that, now he should be given an appointment on compassionate basis on the post of Extension Officer (Statistical).

3.

The law on compassionate appointment is well settled. Compassionate appointment is not a right. It is a facility to a family,

939wp4292.22 in order to provide immediate financial succor /assistance to overcome the sudden loss of earnings, on account of the demise of the sole bread earner.

4.

The father of the petitioner passed away on 21.12.2003. It is after 16 years that he has secured compassionate appointment in 2019. He became an adult in 2012. It is now almost 19 years post the demise of his father. Since there is no rule or policy of the Government cited before us, which permits such petitioner to withdraw from his compassionate appointment already granted and seek a higher position depending upon the improvised qualifications, we are unable to accept the request of the petitioner. 5.

This petition is, therefore, disposed off.

6.

However, in the event, there is any Government policy permitting a person who is appointed on the compassionate basis to quit employment already granted and seek entry into a higher position on the basis of compassionate appointment and surrender the position already granted, we would leave it to the authorities to deal with such a situation.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE mahajansb/