‘Can’t allow heartless approach’: Maharashtra told to consider widow’s compassionate-job plea pending for 14 years

The court set aside a November 2020 order passed by the Maharashtra Administrative Tribunal rejecting the application submitted by Firdous Mohammed Patel, second wife of Mohammad Patel, a police constable who died on March 21, 2008 after a burn accident. His first wife, Raisa, also suffered injuries and died four days ahead of him.

“Every single time, the door has been shut in her face without good or sufficient reason. For the last 14 years, since she was 28, she has been seeking a consideration of her application for compassionate employment…” a bench of Justice Gautam S Patel and Justice Gauri V Godse said last week of the 42-year-old Firdous’s ordeal.

In her petition, Firdous said there was an agreement between her and Raisa’s brother that while Raisa’s three children would be solely entitled to Mohammad’s provident fund, gratuity etc, Firdous could apply for a government job on compassionate grounds. She has two children from Mohammad.

Firdous’s first application for the job, made on November 20, 2009, was rejected on the ground that Mohammad had more than two children. Despite the home minister in September 2011 directing the government to examine the case, there was no action, prompting her to make another representation in October 2012.

Having received no response, she moved the tribunal in 2016. It rejected her plea in November 2020 citing a March 2001 government resolution–and subsequent rules issued in 2005–that barred compassionate-grounds jobs for family members of employees having a third child after December 31, 2001.

The high court bench noted that appointment on compassionate grounds is certainly a concession and not an entitlement. “It is intended to assist the families of government employees to overcome the financial crises that result from a government employee’s demise or early retirement,” the bench said.

“Mohammad and Firdous were indeed a small family. They had only two children. The rule does not contemplate a situation where the employee separately contracts a marriage with another person and has children by that other marriage. We do not see how Firdous could possibly be held responsible for Mohammad’s relationship with Raisa, his first wife, or his three children from that marriage with Raisa. Firdous was no part of that marriage. It is impossible to contemplate a situation where Firdous would earn a disqualification for something for which she was not, and could not be, responsible,” the bench said.

The bench quashed the tribunal decision and directed the government, the police chief and the Solapur police to consider Firdous for compassionate-grounds employment. Asking Firdous to apply again by August 29, the judges directed that she be informed of the decision on her application by September 19.

The court clarified that the case should not be considered as a precedent and that each case must be assessed on its own merits.