Bombay High Court
Bombay High Court

Mumbai: In a significant ruling, the Bombay High Court recently struck down a 2015 resolution of the Maharashtra government by which it decided not to make any substitution in the list of the family members of its employees, who seek a job on a compassionate basis. The HC has termed the GR to be illegal and against the fundamental right to equality.

“The GR states that if one legal representative of a deceased employee stakes claim for appointment on compassionate ground, the name of another legal representative of that deceased employee cannot be substituted in the list,” noted a bench of Justices Zaka Haq and Sopan Gavhane.

“This imposition does not further the objectives of the policy of the government regarding appointments on compassionate grounds. Thus, we are of the view that this prohibition is arbitrary, irrational and unreasonable and violates the fundamental rights guaranteed by Article 14 of the Constitution of India,” the bench ruled.

The bench was dealing with a plea filed by a youth seeking a compassionate job in place of his deceased father, who was a teacher in a Zilla Parishad school. The youth was denied consideration on the ground that his mother's name is already there in the list, who had earlier filed an application seeking job on compassionate grounds.

Notably, the youth was a minor at the time when his mother applied for a job, however, after he attained majority, the mother, whose application was still pending, withdrew her plea and nominated him. However, the authorities refused to consider him citing this GR.

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