Authority: High Court of Judicature at Bombay
Order Date: 29 September 2026
Case Overview
- Petitioner: Hrishikesh Haribhau Chavan, resident of Daund, Pune, son of the late Shri Haribhau Bhagwant Chavan, who was a Senior Assistant Store Keeper (Category B) with Maharashtra State Pathyapustak Nirmiti ani Abyaskram Sanshodhan Mandal, Balbharti (Respondent No.2). Respondents: State of Maharashtra (through General Administrative Department) and the aforementioned Mandal.
- The petitioner sought appointment on compassionate grounds after his father’s death on 28 August 2019. An earlier application by his elder brother on 16 September 2019 was rejected on 5 October 2019 because the policy then applied only to Categories C and D.
- The petitioner filed a fresh application on 3 October 2023 relying on Government Resolution dated 27 September 2021, which extended compassionate appointment to Categories A and B effective 1 January 2020.
- Respondent No.2 rejected the 2023 application on 21 December 2023, stating that the policy applicable at the time of death (Policy dated 21 September 2017) limited compassionate appointment to Categories C and D and that the 2021 Resolution was prospective.
- The Court examined the legal principle that compassionate appointment is governed solely by the scheme in force at the date of the employee’s death, citing Supreme Court judgments (State of West Bengal v. Debabrata Tiwari, State of Madhya Pradesh & Ors. v. Ashish Awasthi, Indian Bank v. Promila). The Court held that the 2021 Resolution could not create a retroactive right for the petitioner.
- The Court also noted that the elder brother’s earlier rejection was not challenged, and therefore no vested right arose.
Final Outcome
- The Bombay High Court dismissed Writ Petition No.5349 of 2024, finding no merit in the petitioner’s claim.
- No order as to costs was made.
Topics: Compassionate Appointment, Employment Policy