Mahadev Pandharinath Rakh vs The State Of Maharashtra And ...
2016 Latest Caselaw 4347 Bom

                                
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   
                           BENCH AT AURANGABAD




                                                                            
                            WRIT PETITION NO. 9188 OF 2015 




                                                    
              Mahadev S/o Pandharinath Rakh 
              Age : 32 years, Occ : Nil, 
              R/o N-9, M-2, 21/5, 
              Veer Tanaji Nagar, Ram Nagar, 
              CIDCO, Aurangabad. 




                                                   
                                                             PETITIONER
                          
                       VERSUS




                                           
              1.       The State of Maharashtra 
                             
                       Through its Secretary 
                       Home Department, 
                       Mantralaya, Mumbai. 
                            
              2.       The Director General of Police, 
                       Maharashtra State, Mumbai. 
      


              3.       The Special Inspector General 
   



                       of Police, 
                       State Reserved Police Force, 
                       Nagpur. 





              4.   The Commandant, 
                   State Reserved Police Force, 
                   Batalian No. Hingoli. 
                                                 RESPONDENTS





                                     ...
              Ms.   Pradnya   Talekar   h/f   Mr.S.B.   Talekar, 
              Advocate for petitioner. 
              Mr. V.H. Dighe, A.G.P. the Respondent/State  
                                     ...

                                       CORAM :  S.S. SHINDE & 
                                                SANGITRAO S. PATIL, JJ.

RESERVED ON : 8th JULY, 2016 PRONOUNCED ON :2nd August,2016

9188.15WPJ

JUDGMENT : (S.S. SHINDE, J)

Rule. Rule made returnable forthwith.

Heard finally with the consent of the learned

counsel appearing for the parties.

2. It is the case of the petitioner

that the petitioner's father was working in

the Government service and expired in the

year 1994, when the petitioner was of 17

years old. The application was made by the

mother of the petitioner to appoint the

petitioner in Government service on

compassionate ground. The said application

was considered and the Commandant, State

Reserved Police Force (SRPF) replied on 2nd

December, 1994, stating that there is no

mention of exact post on which appointment is

sought. Further it is stated that the person,

who is seeking compassionate appointment in

government service, should have completed 18

9188.15WPJ

years of age and follow-up should be done

regarding this matter, after the petitioner

attains the age of 18 years. When the

petitioner attained age of 18 years, the

petitioner had even applied for a certificate

in respect of non appointment of any other

member of the family on compassionate ground

after the death of his father. The

petitioner thereafter, in the year 2007 made

a written application to the Commandant, SRPF

along with a list of 15 relevant documents,

such as death certificate of father, first

request application dated 29th November, 1994,

educational qualification certificates and

mark-sheets etc. The Commandant, SRPF sent

communication to the petitioner on 17th March,

2007 regarding clarification about the exact

post on which appointment was sought. The

petitioner made another application on 29th

March, 2007, requesting appointment on

compassionate ground on the post of clerk and

9188.15WPJ

attached a list of relevant documents. The

Commandant, SRPF thereafter communicated the

request submitted by the petitioner to the

Collector, Hingoli, vide communication dated

12th/13th April, 2007.

3. It is the case of the petitioner

that the petitioner had made so many rounds

to the Commandant, SRPF office. He had an

opportunity to see the wait list regarding

compassionate appointments, in which his name

was at Sr. No.1, whereas he realized sometime

in late 2007 that the list had been changed

behind his back and illegally in which his

name had been shifted from Sr.No.1 to Sr.

No.7. He submitted two applications to the

Commandant as well as the then Dy. Chief

Minister regarding the change in the wait

list behind his back and requested to grant

him appointment on compassionate ground.

Thereafter the Commandant, SRPF made a

9188.15WPJ

communication with the petitioner, asking him

to submit some more documents, vide its

communication dated 6th August, 2008. The

petitioner immediately submitted the

requisite documents. The petitioner further

submitted three more applications on 7th

October, 2008, 19th November, 2008 and 11th

January, 2008 to the Commandant, SRPF,

requesting to grant him compassionate

appointment. On 23rd March, 2009, the

petitioner made an application to the DIG

regarding his request to grant him

appointment on compassionate ground. He made

further application to the Commandant, on 1st

April, 2009 and the Commandant, SRPF made a

communication on 3rd June, 2009 to the

petitioner stating therein that the

petitioner would be appointed as and when

vacancy would arise in the Government

service. Further application was submitted to

the Commandant, SRPF by the petitioner for

9188.15WPJ

appointment on compassionate ground on 16th

June, 2009. On the very next day, the

Commandant, SRPF sent a letter to the

petitioner stating that his name was removed

from the wait list and he was ineligible to

be appointed on compassionate ground, as no

application had been made as per the

Government Resolution dated 11th September,

1996 within one year after attaining the age

of 18 years. Thereafter, the petitioner

received a communication from the Commandant,

SRPF regarding his ineligibility for

appointment on compassionate ground. The

Special I.G. made a communication to the

Commandant, SRPF as well as to the petitioner

stating that the petitioner's name was once

included in the wait list in the year 1994,

as per the letter of the Office dated 6th

December, 1994. The Special I.G. further

mentioned that the Office once having put the

name of the petitioner on wait list, the

9188.15WPJ

petitioner ought to have been informed and

invited for appointment each time whenever

the appointments were made since 1994, or

since the petitioner attained the age of 18

years. He also inquired with the office of

Commandant, SRPF as to how candidate at

serial no.6 on the wait list maintained for

compassionate appointment was included in the

list despite having the age of 10 years. The

I.G. had directed the Commandant to appoint

the petitioner as and when vacancy arose, as

his application has been accepted and his

name has been included in the wait list on 6th

December, 1994. Immediately, the petitioner

came to be selected on 1st August, 2009 and

appointed on 18th August, 2009 on the post of

peon in the government service. The

petitioner, having worked diligently and

without even a single complaint from his

supervisors, suddenly was issued with

termination order dated 31st January, 2012,

9188.15WPJ

almost 3 years after he had served as a peon

in the government service. There was no

notice or hearing given to the petitioner;

but, a sudden order of termination was handed

over to the petitioner.

4. It is the case of the petitioner

that the termination order made a reference

to communication dated 8th April, 2011, which

was a letter from the Desk Officer to the

Police Director General and Police

commissioner stating that as per the

Government Resolutions, as it is necessary to

undertake proceedings and if the conditions

under it are not satisfied the Government

cannot recommend any candidate to be

appointed on compassionate ground as a

"special case". The name of the petitioner

appeared at Sr. No. 13 on the list even

though he had not been appointed as a

"special case", but rather because he had

9188.15WPJ

fulfilled all the conditions mentioned in the

Government Resolution dated 26th October, 1994

for compassionate appointment. The petitioner

was not only terminated under

misunderstanding and misapprehension, but he

was not even given an opportunity to refute

the allegations on the basis of which his

services had been terminated, that too after

almost 3 years of serving as a peon. The

petitioner submitted several representations

to the Commandant, SRPF as well as other

authorities to reconsider the order of

termination, but it was of no avail. The

petitioner filed Original Application in

Maharashtra Administrative Tribunal being

Original Application No. 273 of 2002 on 15th

March, 2012. The said Original Application

came to be decided on 20th August, 2013 vide

judgment and order of the Maharashtra

Administrative Tribunal and the claim of the

petitioner was rejected, and the Original

9188.15WPJ

Application came to be dismissed. Hence this

Writ Petition.

5. The learned counsel appearing for

the petitioner submits that the Government

Resolution dated 11th September, 1996 could

not have been applied to the case of the

petitioner. The Government Resolution issued

in the year 1994 was applicable to the

petitioner's case. It is further submitted

that the Maharashtra Administrative Tribunal

did not appreciate the contention of the

petitioner that the petitioner's services

were terminated without any notice and in

breach of the principles of natural justice.

It is submitted that once the name of the

petitioner was included in the wait list,

there was no need of filing further

application for appointment on compassionate

ground. Not only that the petitioner's name

was included in the wait list, but as a

9188.15WPJ

matter of fact, the petitioner was appointed

on the post of peon and thereafter, after

completing two years of service, the

petitioner's services have been illegally

terminated. It is submitted that the mother

of the petitioner passed away in October,

2013 and the financial position of the

petitioner was very precarious and he could

not give proper medical treatment to his

mother. The learned counsel appearing for the

petitioner, relying upon the pleadings/

grounds taken in the petition and contents

of the short affidavit tendered across the

Bar, submits that the Petition deserves to be

allowed.

6. On the other hand, the learned

A.G.P. appearing for the Respondent/State,

relying upon the reasons recorded by the

Maharashtra Administrative Tribunal in the

impugned judgment and order, submits that the

9188.15WPJ

Petition is devoid of any merits and the same

may be dismissed.

7. We have given careful consideration

to the submissions of the learned counsel

appearing for the petitioner and the learned

A.G.P. appearing for the Respondent/State.

With their able assistance, we have perused

the pleadings in the Petition, annexures

thereto, reasons assigned by the Maharashtra

Administrative Tribunal in the impugned

judgment and also the averments made in the

affidavit filed by the petitioner.

8. It is not in dispute that the father

of the petitioner was in service of the

Respondents and died in harness on 1st

November, 1994. According to the petitioner,

the mother of the petitioner filed

application on 29th November, 1994 for

appointment on compassionate ground to her

9188.15WPJ

minor son i.e. the petitioner. It further

appears from the record that the mother of

the petitioner was informed by the

authorities that the age of the petitioner

was below 18 years at that point of time, and

therefore, the mother of the petitioner

should pursue the request for appointment on

compassionate ground after the petitioner

attained the age of 18 years. It appears that

the petitioner completed 18 years of age on

30th June, 1996, however, upon perusal of the

documents from the original record, which are

produced by the Respondents, the petitioner's

name was included in the wait list of the

candidates desirous for appointment on

compassionate ground. It clearly appears from

the communication between the petitioner and

the authorities that the petitioner's mother

and the petitioner were given assurance by

the concerned Respondents from time to time

that he would be appointed on compassionate

9188.15WPJ

ground. It further appears that his name was

included in the wait list and after the name

was included in the wait list, there was

change in the serial number and the name of

the petitioner was mentioned at sr.no. 7 in

the said wait list. Thereafter, on 24 th April,

2009, the letter was addressed to the

petitioner for submitting the written consent

for giving appointment to him in a particular

group or cadre. It further appears that by

communication dated 17th June, 2009, the

petitioner was informed by the Respondent

authorities that he had submitted the

application for appointment on compassionate

ground belatedly, after attaining the

majority, and therefore, he was not entitled

for appointment on compassionate ground and

his name was removed from the wait list.

9. It appears that the issue was

brought to the notice of the Special I.G.,

9188.15WPJ

State Reserve Force, Nagpur by the concerned

Respondents, by letter dated 3rd July, 2009.

At this juncture, it would be apt to

reproduce hereinbelow the said letter, which

has direct bearing on the subject matter

involved in this Petition, which reads

thus :-

"ek-fo'ks"k iksfyl egkfufj{kd] jkT; jk[kho iksfyl cy]

ukxiqj-

tk-dz-i'kk&[email protected] @jk[k @ 2009 @4327 fgaxksyh fn-03-07-2009

lanHkZ %& ek-fo'ks"k iksfyl egkfufj{kd] jkT; jk[kho iksfyl cy] ukxiqj ;kaps

i= dz- vk;th @jkjksikcy @vkLFkk&[email protected]@2009] fn-26-06- 2009-

fo"k; %& vuqdaik rRokoj 'kkldh; lsosr fyihd fdaok d{k lsod ;k inkoj use.kwd dj.ks ckcr-

Jh-egknso ia<jhukFk jk[k-

mijksDr fo"k;kUo;s lknj dj.;kr ;srs dh] lanHkhZ; i=dkUo;s vtZnkj Jh-

egknso ia<jhukFk jk[k ;kauk vuqdaik rRokoj fyihd fdaok d{k lsod ;k inkoj use.kwd dj.ks ckcr eq|s fugk; ekfgrh fujkdj.kklg lknj dj.;kr ;sr vkgs-

v-

                      eq|k                                 vfHkizk;
               dz-
               1     vtZnkjk dMqu vtZ        Jherh panzdykckbZ ia<jhukFk jk[k ;kauh R;kapk eqyxk vuqdaik
                     izkIr      >kY;kpk rRokoj inkpk mYys[k u djrk ukSdjh feG.ks ckcr fn-29-11-1994
                     fnukadvuqdaik      jksth vtZ lknj dsyk- R;k osGh vtZnkjkpk eqyxk egknso ia<jhukFk

rRokoj 'kkldh; jk[k ;kaps o; tUe fnukad [email protected]@1978 uqlkj ¼16½ o"ksZ ¼4½ efgus lsosr fyihd ¼28½ fnol ,o<s gksrs- R;keqGs rs vKku vlY;kus o ukSdjhlkBh ¼18½ fdaok d{k lsod o"kZ iw.kZ >kY;k uarj ikBiqjkok dj.;kl dk;kZy;hu i= dz- ;k inkoj iO;'kk&@ukS djh @94 @4911] fn-06-12-1994 vUo;s dGfo.;kr ;soqu vtZ fudkyh dk<.;kr vkyk vkgs-

                     use.kwd       dj.ks
                     ckcr-





                                                                                                 9188.15WPJ





                                                                                                    
               2    vtZnkjkps        uko vtZnkj Jh-egknso ia<jhukFk jk[k ;kauh fn-10-01-2007 jksth vuqdaik
                    izfr{kk              rRokoj ukSdjh feG.ks ckcr vtZ lknj dsY;kus R;kaps uko utj pqdhus
                    ;knhoj       ?ks.;kr izfr{kk ;knhoj vuq-dz-7 oj ?ks.;kr vkysys vkgs-




                                                                        
                    vkY;kpk fnukad
               3    R;kauk lsosr lkekowu      Jherh panzdykckbZ ia<jhukFk jk[k ;kauh eqykl vuqdaik RkRokoj

?ks.;k ckcr vk|ki use.kwd feG.ks ckcr fn-29-11-1994 jksth vtZ lknj dsyk R;k osGh Ik;aZr dj.;kr eqykps o; ¼18½ o"kkZ is{kk deh vlY;kus o rs vKku vlY;kus ¼18½ vkysyh dk;Zokgh o"kZ iq.kZ >kY;kuarj ikBiqjok djkok vls dGfo.;kr vkys gksrs-

vtZnkj Jherh panzdykckbZ jk[k ;kaph fdaok R;kapk eqyxk egknso ia<jhukFk jk[k ;kauh R;kaps o;kps ¼18½ o"kZ iq.kZ >kY;kuarj R;kapk tUe fn-01-07-1978 uqlkj lKku >kY;kpk fn-30-06-1996 jksth iklqu ,d o"kkZps vkr vuqdaikrRokoj ukSdjh feG.ks ckcr vtZ lknj djko;kl

ikfgts gksrk- ijarq R;kauh fn-10-01-2007 jksth Eg.kts ¼09½ o"kZ ¼06½ efgus ¼11½ fnolkuarj foyackus vtZ lknj dsyk vkgs- ijarq R;kp osGh ig 'kklu fu.kZ; dz-'kk-fu-vuqdaik&[email protected]&34&[email protected] fn-11-09-

1996 vuqlkj lsosr vlrkauk fnoaxr >kysY;k fdaok nq/kZjO;kk/kheqGs vdkyh lsokfuo`Rr >kysY;k deZpk&;kaP;k dqVqackrhy vKku okjlnkjkP;k ckcrhr ,dkus lKku Eg.kts ¼18½ o"kZ >kY;koj ,d o"kkZP;k vkr ;k ;kstus [kkyh ukSdjhlkBh vTkZ lknj dj.ks vko';d

vkgs- ijarq R;kauh ¼9½ o"ksZ ¼ 6½ efgus ¼11½ fnol foyackus vtZ lknj dsyk vkgs- R;keqGs vtZnkj gs vuqdaikrRokoj use.kqdhlkBh ik= ukgh fg ckc R;kp osGh vtZnkjkl dGoko;kl ikfgts gksrh- ijarq R;kosGh dkxni=kph iMrkG.kh u djrk utj pqdhus vtZnkjkps uko izfr{kk ;knhoj vuq-dz-7 oj ?ks.;kr vkys vkgs- R;kuqlkjp osGksosGh rlkp i=O;ogkj @ dk;Zokgh dj.;kr vkysyh vkgs- ;k dk;kZy;kps

vkLFkkiusoj ,dgh dfu"B Js.kh fyihdkps in fjDr ukgh-

4 l|fLFkrhr miyC/k l|fLFkrhr miYkC/k vlYksY;k vuqdaik izfr{kk ;knhph izr ;k

vlysY;k vuqdaik lkscr voyksdukFkZ tksMyh vkgs-

izfr{kk ;knhph izr 5 l|fLFkrhr fjDr l|fLFkrhr oxZ&3 ps ¼dJsyh½ ,dgh in fjDr ukgh- rlsp oXkZ&4 vlysY;k oXkZ&3 o ps Hkkstuky; lsod&11] Ugkoh&2] eksph&1] d{klsod&1] /kksch&1] oXkZ&4 ph ins pijk'kh&2 vls ,dw.k ¼18½ ins fjDr vkgsr-

6 vtZnkjkps uko LkkekU; iz'kklu foHkkx 'kklu fu.kZ; dz-

izfr{kk ;knhrqu vdaik&[email protected]&[email protected]@vkB fn-11-09-1996 vuqlkj " lsosr dks.kR;k dkj.kkLro vlrkauk fnoaxr >kysY;k fdaok nq/kZjO;k/kheqGs vdkyh lsokfuo`Rr deh dsys >kysY;k deZpk&;kaP;k dqVqackrhy vKku okjlnkjkP;k ckcrhr ,dkus lKku Eg.kts 18 o"kZ >kY;koj ,d o"kkZP;k vkr ;k ;kstus [kkyh ukSdjhlkBh vtZ lknj dj.ks vko';d vkgs-" ijarq vtZnkj ;kauh fn-

10-1-2007 jksth vuqdaik RkRokoj use.kqdh ckcr vtZ lknj dsysyk vkgs- Eg.kts ¼ 9½ o"kZ ¼6½ efgus ¼11½ fnol ,o<;k foyackus vtZ lknj dsysyk vkgs- R;keqGs vtZnkj egknso ia<jhukFk jk[k gs vuqdaik rRokoj useq.kdhlkBh ik= ulY;kus R;kaps uko izfr{kk ;knho:u deh dj.;kr vkys vkgs- r'kh let lacaf/krkauk fn-17-09-2009 jksth ns.;kr vkysyh vkgs-

7 vtZnkj vuqdaik Jherh panzdykckbz ia<jhukFk jk[k ;kauh R;kapk eqyxk vuqdaik fu;qDrhl ik= rRokoj inkpk mYys[k u djrk ukSdjh feG.ks ckcr fn-29-11-1994 ulY;kl R;kaps uko jksth vTkZ lknj dsyk- R;k osGh vtZnkjkpk eqyxk egknso ia<jhukFk lu 1994 rs 2009 jk[k ;kaps o; tUe fnukad 01-07-1978 uqlkj ¼16½o"kZ ¼4½ efgus ¼ 28½ Ik;Zr toGikl 15 fnol ,o<s gksrs- R;keqGs rs vKku vlY;kus o ukSdjhlkBh 18 o"kZ o"kZ izfr{kk ;knhr vko';d vlY;kus ¼18½ o"kZ iq.kZ >kY;k uarj ikBiqjkok dj.;kl

9188.15WPJ

dk Bso.;kr vkys dk;kZ;yhu i= dz= iO;'kk&[email protected]@4911] fn-06-12-1994 vUo;s dGfo.;kr ;soqu vtZ fudkyh dk<.;kr vkys vkgs- rlsp vtZnkj ;kauh fn-10-01-2007 jksth vuqdaikrRokoj uksdjh feG.ks ckcr vtZ

lknj dsyk Eg.kts toGikl ¼12 ½ o"kkZ uarj vtZ lknj dsyk- ijarq vtZnkjkus vtZ lknj dsY;kP;k fnukadkl fn-10-01-2007 jksth vtkZph iMrkG.kh d:u R;kaps uko izfr{kk ;knhoj u ?ksrk oj ueqn 'kklu fu.kZ;kuqlkj rs vuqdaikrRokoj ik= ulY;kps R;kauk dGfo.ks vko';d gksrs- Ik.k rls u djrk R;kaps uko izfr{kk ;knhoj utj pqdhus ?ks.;kr

vkysys vlY;kus izfr{kk ;knhoj Bso.;kr vkysys vkgs- 8 vtZnkjk'kh o ofj"B vtZnkjkps uko T;kosGh izfr{kk ;knhoj ?ks.;kr vkys R;kosGh dk;kZy;k'kh eq|k dz-7 izek.ks dk;Zokgh >kysyh vlY;kus rlk i=O;ogkj vtZnkj o i=O;ogkj djrkauk ofj"B dk;kZy;k'kh dj.;kr vkysyk vkgs- ijarq lnj vtZnkj gk ek- vtZnkjkps uko fo'ks"k iksfyl egkfufj{kd] jk-jk-iksyhl cy ukxiqj ;kaps dMs le{k

izfr{kk;knhr vlys HksV.;klkBh xsys vlrk R;kcnny nqj/ouho:u lnj izdj.kh fopkj.kk ckcr okjaokj dj.;kr vkY;kus R;k ckcr vkEgh vtZnkjkauh lknj dsysY;k mYys[k igdj.;kr dkxni=kph ckjdkbZus iMrkG.kh dsyh vlrk vtZnkj gk lkekU; vkyk vlqugh R;kaps iz'kklu foHkkx 'kklu fu.kZ; dz-vdaik&1095 @iz-dz-&[email protected]@vkB uko fn-17-6-2009 fn-11-09-1996 vuqlkj vuqdaik rRokoj use.kqdhlkBh ik= ulY;kps jksth dk deh fn-17-6-2009 jksth fun'kZukl vkY;kus R;kaps uko izfr{kk ;knho:u dj.;kr vkys deh dj.;kr vkysys vkgs- r'kh let lacaf/krkauk ns.;kr vkysyh vkgs-

9 vtZnkj vuqdaik vtZnkj vtZ lknj dsY;kps fnukadkl R;kph iMrkG.kh d:u fu;qDrhlkBh ik= uko izfr{kk ;knhr ?ks.ks vko';d gksrs- ijarq rs vuqdaik rRokoj Bjr ulY;kl R;kaps ukSdjhlkBh ik= ulrkaukgh R;kps uko iMrkG.kh u djrk utj pqdhus uko izfr{kk;knhr izfr{kk ;knhoj ?ks.;kr vkysys vkgs- dks.kR;k vk/kkjs ?ks.;kr vkys-

10 ;k dfjrk dks.k vtZnkj Jh-egknso ia<jhukFk jk[k gs 1-01-2007 jksth vtZ tckcnkj vkgs- ;k lknj dsyk R;kosGh laca/khr 'kk[ksl use.kqdhl vlysY;k [email protected];q-

ckcrph lfoLrj ok;-?kulkoar ;kauh vtkZph iMrkG.kh u djrk vtZnkj ;kaps uko ekfgrh- izfr{kk ;knhoj utj pqdhus ?ksrysys vkgs- R;k uarj [email protected]

Mh-'kkgw ;kauh T;s"Brk ;knh r;kj dsyh R;kosGhgh R;kauh dkxni=kph iMrkG.kh dsysyh ukgh- o T;s"Brk ;knh ofj"Bkauk lknj dsyh vkgs- R;kauh dsysY;k pqdhps dk;Zokgh ckcr R;kapk [kqyklk ekxfo.;kr ;sr

vlqu [kqyklk izkIr gksrkp tckcnkj vlysY;k lacaf/krkfo:/n dk;Zokgh d:u vuqikyu vgoky lknj dj.;kph n{krk ?ksryh vkgs-

[email protected]&

¼ds ,p vfgjs½ lekns'kd jk-jk-iksfyl cy xV dz-12 fgaxksyh-"

10. On perusal of the contents of the

said letter, it was abundantly clear that the

9188.15WPJ

petitioner's name was included in the wait

list and there was no denial to the said fact

by the Respondents. It further appears that

the petitioner's name was at Sr. No.1 and

then it was shifted to sr. no.7. Pursuant to

the letter written by the Special I.G., State

Reserve Force, Nagpur on 23rd July, 2009 to

the concerned Respondents, the petitioner was

appointed on the post of peon by order dated

18th August, 2009. Accordingly, the

appointment order was issued in favour of the

petitioner. It further appears that by order

dated 31st January, 2012, the services of the

petitioner have been terminated by Respondent

No.4. Therefore, upon perusal of the original

record, it appears that the petitioner has

rendered more than two years service after

joining on the post of peon. Therefore, in

case the Respondents wanted to take drastic

action of terminating his services, in our

considered view, even in absence of any

9188.15WPJ

provision to give notice to put forth his

contention, in adherence to the principles of

natural justice, the notice ought to have

been given to the petitioner by Respondent

No.4, so as to afford him reasonable

opportunity of placing/to put forth his

contentions.

11. The facts of the present case would

stand on different footing, vis-a-vis, the

case wherein the application is filed by the

heirs and legal representative of the

deceased employee belatedly and not within

stipulated time, after attaining the age of

majority. The petitioner's father died in the

year 1994 and at the relevant point of time,

the Government Resolution dated 26th October,

1994 was applicable to the case of the

petitioner. That apart, upon perusal of the

original record and copies of the documents

placed on record, it is abundantly clear that

9188.15WPJ

the petitioner's name was already included in

the wait list and not only that the

petitioner was appointed and served for more

than two years, and therefore, the ground on

which the petitioner's services have been

terminated looses its importance. It is

abundantly clear from reading the contents of

the letter written by the Special I.G., State

Reserve Force, Nagpur to Respondent No.4 i.e.

the highest authority at the State level, in

the facts of the case found that the name of

the petitioner had already been included in

the wait list and since adverse circumstances

were being faced by the family of the

petitioner, his appointment on compassionate

ground was warranted in the facts and

circumstances of the case. Once such

conscious decision was taken by the highest

authority at the State Level and the

appointment was given on compassionate

ground, so as to give solace to the family of

9188.15WPJ

the petitioner, who was facing financial

crunch, in all fairness, the services of the

petitioner should not have been terminated on

the ground that the application filed by the

petitioner was not within time from attaining

the age of majority by him. By virtue of

putting service of more than two years, it

appears that the petitioner was proceeding in

his life and pooling on his family with the

aid of salary received by him, and therefore,

as a modern employer or welfare State, it was

not proper on the part of the respondent to

terminate the services of the petitioner only

on the ground that his application was not

within time from the date of attaining the

age when his name was already included in the

wait list, and the said wait list was acted

upon at the instance of the highest and

controlling authority of Respondent No.4.

12. It will not be out of context to

make a reference to the contents of the

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letter written by the petitioner to the

Additional I.G., State Reserve Force dated

30th October, 2013, so as to assess the the

mental agony and loss faced by the petitioner

and his family due to termination of his

services. The contents of the said letter

reads thus:

"... eyk dkeko:u deh dsY;keqGs ek>s vkbZus R;k xks "Vhpk eukoj

ifj.kke d:u ?ksryk R;keqGs rh vktkjh gksowu fryk fnukad

[email protected]@2013 jksth gn;fodkjkpk >Vdk ;sowu frpk e`R;q >kyk vkgs-

ek>s uksdjh xsY;kuarj ek>h jkstankjh o vkbZps isU'kuoj ek>s ?kj pkyr

gksrs- ek>h vkfFkZd ifjfLFkrh vR;ar gkyk[khph vlwu R;kr vktkjh o`/n

vkbZps vkS"k/k mipkjkpk [kpz ;keqGs eh dtZcktkjh >kyks vkgs ek>h

ifjfLFkrh vR;ar fcdV vlqu l/;k ek>h iRuh] ygku eqyxh vls dqVqac

vlwu ek>s ifjfLFkrheqGs eyk ek>s dqVwacklg ftou laifoysf'kok; nqljk

dks.krkgh Ik;kZ; f'kYyd jkfgysyk ukgh- rjh d`i;k ek>soj >kysyk

vU;k; nwj d:u eyk ek>s uksdjhr iqUgk lkekowu ?ksowu ek>sojhy

vU;k; nwj djkok gh fouarh vkgs-"

13. Therefore, in the peculiar facts and

circumstances of this case and the fact that

the petitioner's case was governed by the

9188.15WPJ

Government Resolution dated 26th October, 1994

and the petitioner's name was throughout

included in the wait list and on the

instructions of the higher and controlling

authority of Respondent No.4 at state level,

the petitioner was appointed on the post of

peon, his services should not have been

terminated only on the ground that he filed

application belatedly and not within

stipulated time after attaining the age of

majority, when asking him to file such

application itself was unwarranted since his

name was already included in the wait list,

as it is evident from perusal of the original

record.

14. In our considered view, for more

than one reasons discussed hereinabove, and

in particular, upon reading the

aforementioned portion from his letter

addressed to Special I.G., it would be

travesty of the justice, in case we do not

9188.15WPJ

invoke our discretionary and equitable

jurisdiction, when the action taken by the

Respondents terminating the services of the

petitioner shocks judicial conscience in the

peculiar facts of this case and keeping in

view the object of providing the employment

on the compassionate ground.

15. In that view of the matter, we quash

and set aside the impugned order of

termination dated 31st January, 2012 and also

the judgment and order dated 28th August, 2013

passed by the Maharashtra Administrative

Tribunal. We direct the Respondents, and in

particular, Respondent No.4 to restore/

reinstate the petitioner on the post of peon,

as expeditiously as possible, and preferably

within four weeks from today i.e. on or

before 19th August, 2016. However, we make it

clear that the petitioner will not be

entitled for salary for the period from 31st

January, 2012 till he would be reinstated to

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the post of peon. However, the petitioner

would be entitled for continuity in service

and other consequential benefits, if any.

16. The Writ Petition is partly allowed

and same stands disposed of. Rule is made

absolute in the above terms. No costs.

                               Sd/-                      Sd/-  

              (SANGITRAO S. PATIL, J.)            (S.S. SHINDE, J.)
                            
      


              SGA