Two Children?? Ineligible For Compassionate Appointment, Get to know the recent judgement.

Background of the Case

In a recent ruling, the Bombay High Court addressed the denial of a compassionate appointment for the son of a deceased policeman, Vidya Ahire's husband, who passed away on February 11, 2013. The petition sought appointment for their son, Manish, which was denied on January 11, 2019, citing a Government Resolution (GR) from March 28, 2001, that disqualifies families with more than two children from receiving such benefits.

Challenge and Tribunal Decision

Vidya Ahire challenged this decision, arguing that the GR was not widely publicized, and her husband was unaware of its existence. Additionally, she contended that their third child was born on August 7, 2002, before the enforcement of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005, which exempt individuals with more than two children if they do not increase their family size after the rule's commencement.

The Maharashtra Administrative Tribunal upheld the denial, emphasizing that the 2001 GR specifically governs compassionate appointments, while the 2005 Rules pertain to regular recruitment. The tribunal ruled that ignorance of the GR does not exempt families from its provisions.

High Court's Verdict

A division bench comprising Justice AS Chandurkar and Justice Rajesh S Patil upheld the tribunal's decision, stating that there was no justification to intervene under writ jurisdiction. The court affirmed the validity of the 2001 GR, supported by a Full Bench judgment from the Aurangabad Bench, which upheld its applicability and the state's defense.

The High Court clarified that the publication requirement for statutory rules does not apply to government resolutions like the 2001 GR. It emphasized that the GR's stipulations regarding family size for compassionate appointments are binding, regardless of prior knowledge or publication.

Conclusion

The High Court's decision underscores the adherence to the 2001 GR's provisions in matters of compassionate appointments, highlighting that the rules of 2005 concerning small families do not supersede specific provisions for compassionate grounds. The ruling affirms the government's policy decision on family size eligibility for such appointments.

Case no. – Writ Petition No. 9685 of 2023

Case Title – Vidya Sunil Ahire and Ors. v. Commissioner of Police, Thand