AMOL SAHEBRAO SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing at the stage of admission.

(2.) The issue involved in the present petitions is somewhat unique. Whether a permanent employee on the establishment of Zilla Parishad, who was/is paid from self generated funds/income of the Zilla Parishad is eligible for application of compassionate appointment scheme is the issue, which is attracted for our attention in the present petitions. There is no dispute that Zilla Parishad, Aurangabad has adopted the scheme for compassionate appointment formulated by the State Government. Therefore, wards of employees working on regular establishment of the Zilla Parishad are eligible for being considered for compassionate appointment. The Zilla Parishad has sought to create a separate category of employees for the purpose of their exclusion from the scheme for compassionate appointment. This separate category is in respect of the employees who are working under Water Supply Scheme and paid from self generated funds/income of the Zilla Parishad and whose salaries are not paid through any funds received from the State Government.

(3.) Since common question is involved in both these petitions, they are decided by this common judgment. We shall consider the facts involved in the Writ Petition No. 9119 of 2021 for deciding the issue the same are as under :