The Supreme Court has set aside appointment of the second married daughter of a clerk in the Maharashtra government on compassionate grounds as recommended by the Maharashtra Administrative Tribunal and confirmed by the Bombay High Court.
A Bench of Justices MR Shah and Krishna Murari set aside the tribunal order and the High Court ruling, holding that they had committed a serious error in directing the woman's appointment on compassionate ground as such an order after a number of years is unsustainable.
Allowing the appeal of the Maharashtra government, the Bench noted the High Court had wrongly implemented the government circular of 26.02.2013 that employment is to be provided to one of the legal heirs and representatives of the deceased government servant on compassionate ground.
After death of Vidhate, his wife Lata Maruti Vidhate was appointed on compassionate ground, but she also passed away while in service. Her second married daughter Madhuri, who became Madhuri Santosh Koli after marriage, sought appointment on the compassionate ground.
Her eldest sister Sangita M Thonge's application for an appointment on compassion was already rejected on August 18, 2011 on the ground that she is a married daughter and not dependent on her mother.
Madhuri, however, took advantage of a government circular issued later on February 26, 2013 on the compassionate appointments. In its judgment pronounced on September 30, the Supreme Court said appointing Madhuri on compassionate ground shall be contrary to the object and purpose of such appointments. It noted that Madhuri cannot be said to be dependent on the deceased employee, i.e. her mother.
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