Gurudas S/O. Dharma Meshram Vs State of Maha. Thr. Assistant Regional Director, Municipal Council Administration, Nagpur and Ors. — Bombay HC (2025) — LawSathi Research

Gurudas S/O. Dharma Meshram Vs State of Maha. Thr. Assistant Regional Director, Municipal Council Administration, Nagpur and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to Respondent No.3 to process the petitioner's application for compassionate appointment in accordance with the guidelines dated 25/04/2022, forward the proposal to the Collector, take steps to grant employment if the petitioner is eligible and qualified as per the policy and law, and complete the process within six months.

Issue for consideration

Whether the respondents should be directed to consider the petitioner's claim for compassionate appointment in place of his deceased father. +1 more

Court's answer

Considering the Government policy dated 25/04/2022, which is binding on Respondent No.3, the petition is disposed of with directions.

Ratio / Principle

Respondent No.3 is directed to process the petitioner's application in accordance with the guidelines dated 25/04/2022 and forward the proposal to the Collector.

Key takeaways

Respondent No.3 shall process the petitioner's prayer for grant of compassionate appointment in place of his deceased father and take further steps to grant employment if the petitioner is eligible and qualified to be appointed as per the policy and in accordance with law.ratio¶18
The process shall be completed by Respondent No.3 within a period of six months.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Anil S. Kilor and Rajnish R. Vyas, JJ.), Writ Petition No. 3040 of 2021, decided 02/12/2025: Petitioner Gurudas s/o Dharma Meshram sought a direction to respondents to consider his claim for compassionate appointment. His father, an employee of Gram Panchayat, Armori, died on 05/06/2014 while the Gram Panchayat was in the process of transforming into a Nagar Panchayat (which came into existence on 23/04/2015); the claim was not considered by Respondent No.3 for want of any applicable policy. The Government subsequently issued a policy dated 25/04/2022 making persons like the petitioner eligible for compassionate employment. Holding that policy binding on Respondent No.3, the Bench disposed of the petition directing Respondent No.3 to process the application per the guidelines dated 25/04/2022, forward the proposal to the Collector, grant employment if the petitioner is eligible and qualified as per the policy and law, and complete the process within six months.

919wp3040.2021.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

WRIT PETITION NO. 3040 of 2021

Gurudas s/o Dharma Meshram

Vs

State of Maharashtra, through Assistant Regional Director

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. B.H. Sheikh, counsel h/f Mr. H.P. Ligayat, counsel for petitioner. Ms K.P. Marpakwar, AGP for respondent Nos.1 and 2. Mr. Nihilsingh B. Rathod, counsel for respondent No.3.

CORAM : ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE : 02/12/2025

By way of present petition, the petitioner is seeking a direction to respondents to consider his claim for compassionate appointment.

Admittedly, the father of the petitioner was working in Gram Panchayat, Armori when he died on 05/06/2014. At that time, a process was underway to transform the Gram Panchayat into a Nagar Panchayat. Accordingly, the Nagar Panchayat then came into existence on 23/04/2015. The claim of the petitioner was not considered by Respondent No.3 for the reason that there was no such policy to consider the claim for compassionate appointment of the dependants of deceased employee of a Gram Panchayat, which was in the process of transforming into Nagar Panchayat.

However, the Government has now issued a policy on 25/04/2022, thereby making persons like the petitioner eligible to seek employment on compassionate ground.

rkn

2 919wp3040.2021.odt

Thus, considering the policy of the Government dated 25/04/2022, which is binding on the Respondent No.3, we are of the opinion that the petition can be disposed of with following directions :-

a) Respondent No.3 is directed to process the application of the petitioner in accordance with the guidelines dated 25/04/2022 and forward the proposal to the Collector.

b) Respondent No.3 shall process the petitioner's prayer for grant of compassionate appointment in place of his deceased father and take further steps to grant employment to the petitioner, if the petitioner is eligible and qualified to be appointed as per the policy and in accordance with law.

c) This process shall be completed by respondent No.3 within a period of six months from today.

( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)

rkn