Samir S/O Sadik Kame and Another Vs the Chief Secretary, Government of Maharashtra, Mumbai and Others — Bombay HC (2025) — LawSathi Research

Samir S/O Sadik Kame and Another Vs the Chief Secretary, Government of Maharashtra, Mumbai and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Decision of the respondents refusing substitution of petitioner no.1's candidature set aside; petitioner no.1 permitted to appear before the Chief Officer, Nagar Parishad, Umred on 17.07.2025; claim to be decided in light of the Full Bench decision in Kalpana wd/o Vilas Taram within four weeks of appearance; appointment order to issue as per seniority once eligibility is established; no order as to costs.

Issue for consideration

Whether the candidature of petitioner no.1 (son of the deceased employee Sadik) can be substituted in place of his mother, the widow who crossed the age barrier of 45 years while awaiting compassionate appointment.

Court's answer

Since the issue of permitting substitution is already endorsed by the Full Bench of this Court in Kalpana wd/o Vilas Taram, the cause cited by the respondents for not granting substitution in favour of the petitioners is not germane; the decision of the respondents refusing to substitute the candidature of petitioner no.1 for grant of employment on compassionate ground is set aside.

Ratio / Principle

Petitioner no.1 is permitted to appear before the Chief Officer, Nagar Parishad, Umred, district Nagpur, on 17.07.2025, and the Chief Officer shall deal with the claim of the petitioners in the light of the Full Bench decision as expeditiously as possible and in any case within four weeks from the date of appearance.

Key takeaways

Once petitioner no.1 is allowed to be eligible for employment on compassionate ground, the appointment order shall be issued to petitioner no.1 as per seniority.ratio¶21

Detailed headnote1 paragraphs

Compassionate appointment - substitution of candidature - deceased employee Sadik, employed with respondent no.2, died on 20.01.2013; his widow (petitioner no.2) applied for compassionate appointment on 09.12.2013 but crossed the age barrier of 45 years without being offered employment, whereupon substitution of the candidature of her son (petitioner no.1) was sought. Relying on the Full Bench decision of the Bombay High Court in Kalpana wd/o Vilas Taram and another vs. State of Maharashtra and others, [2024 (4) Mh. L. J.(F.B.) 312], the Division Bench (Nitin W. Sambre and Sachin S. Deshmukh, JJ.) held that the cause cited for refusing substitution was not germane and set aside the respondents' refusal. Petitioner no.1 was permitted to appear before the Chief Officer, Nagar Parishad, Umred, district Nagpur, on 17.07.2025; the Chief Officer was directed to deal with the claim in the light of the Full Bench decision within four weeks from the date of appearance, and to issue the appointment order as per seniority once petitioner no.1 is found eligible. Writ petition partly allowed; no order as to costs.

2025:BHC-NAG:5686-DB

920-WP-7047-2023.odt 1

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

WRIT PETITION NO. 7047 of 2023

Samir s/o Sadik Kame and another

vs.

The Chief Secretary, Government of Maharashtra, Mumbai and others.

Mr. S. A. Kalbande, Advocate for petitioners. Ms Kalyani Marpakwar, AGP for respondent nos. 1 & 3. Mr. S. A. Sahu, Advocate for respondent no. 2.

CORAM :- NITIN W. SAMBRE and SACHIN S. DESHMUKH, JJ. DATE :- 19^th JUNE, 2025

P. C.

Heard.

Sadik, deceased father of the petitioner no.1, was in the employment with the respondent no.2, who suffered untimely death on 20.01.2013.

The petitioner no.2-widow of Sadik and the mother of the petitioner no.1 applied for grant of compassionate appointment on 09.12.2013.

The widow-Safiya thereafter crossed the age barrier of 45 years, in which period, she was not offered any employment. As such, substitution of the candidature of the petitioner no.1 is sought.

The said issue fell for consideration before the Full Bench of this Court in the matter of Kalpana wd/o Vilas Taram and another vs. State of Maharashtra and others, reported in [2024 (4) Mh. L. J.(F.B.) 312].

As the issue of permitting the substitution is already endorsed by the Full Bench of this Court, the cause cited for not granting substitution in favour of the petitioners is not germane. That being so, we set aside the decision of the respondents of refusing to substitute

920-WP-7047-2023.odt 2

the candidature of the petitioner no.1 for grant of employment on compassionate ground.

We permit the petitioner no.1 to appear before the Chief Officer, Nagar Parishad, Umred, district Nagpur, on 17.07.2025.

8 . The Chief Officer shall deal with the claim of the petitioners in the light of the Full Bench decision of this Court in the matter of Kalpana wd/o Vilas Taram and another (supra) as expeditiously as possible and in any case within a period of four weeks from the date of appearance.

9 . Once the petitioner no.1 is allowed to be eligible for employment on compassionate ground, the appointment order be issued to the petitioner no.1 as per seniority.

The writ petition is accordingly partly allowed in above terms. No order as to costs.

( SACHIN S. DESHMUKH, J.) (NITIN W. SAMBRE, J.)

Andurkar.