Sagar Eknath Attarde v. the State of Maharashtra through Its Secretary and Others
Case brief
What is this about?
Compassionate ground appointment denied on supernumerary lapsed post; C.R.T.E. / Converted Regular Temporary Establishment stipulating lapse on superannuation or vacancy; no right to claim compassionate appointment where post lapses; father's death; daily wager workers; Kalelkar Settlement benefits extended by Single Judge; Complaint (U.L.P.) before Industrial Court, Jalgaon; Zilla Parishad respondent no.2; Government Resolution dated 30.01.2023 clause 1(क); reliance on W.P. Nos. 2699/2003, 9119/2021, 461/2012, 5801/2004 distinguished as lacking lapse stipulation; Maharashtra; Bombay HC Aurangabad bench; decided 02.04.2026.
What did the court decide?
Because the posts held by the petitioner's father were converted to C.R.T.E. with a stipulation that they would lapse if vacated by superannuation or for any other reason, and no other employee can be appointed on them, those posts cannot be regarded as permanent posts; the petitioner therefore has no right to claim appointment on compassionate ground on such supernumerary posts.