DURGA RAMESH BERDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, Durga Ramesh Berdia (hereafter "Durga", for short) has prayed for an appropriate writ or order or direction against the respondent no. 2, Municipal Corporation of Greater Bombay, Mumbai (hereafter "MCGM", for short) to confirm Durga's appointment on compassionate ground at the earliest and for grant of backwages.

(2.) Durga is the daughter of late Ramesh Berdia (hereafter "Ramesh", for short). Ramesh during his lifetime was working as a Motor Loader in Solid Waste Management Department of MCGM. On December 29, 2001, Ramesh expired on duty leaving behind him his ex-wife Smt. Champa Ramesh Berdia and daughters namely Durga and Ramila. Durga's parents sought divorce by mutual consent on December 20, 1991. Durga along with her sister were to stay with her mother as per the terms of divorce. Durga avers that though the arrangement was that she and her sister were to reside with their mother, however, Durga was attached to her father and she was staying with him too. Durga applied for job on compassionate ground on or about March 15, 2002 and submitted the requisite documents for scrutiny. Durga was appointed vide appointment order dated April 21, 2015. Durga was allotted to the E-Central Department, which locality, according to Durga, was not good as far as girls are concerned and therefore, on or about April 30, 2015, she requested for transfer at East Byculla and therefore her appointment was kept on hold since then. Durga then visited the concerned department on various occasions when she was informed that some enquiry is going on and therefore her case was kept on hold. Durga further avers that in the month of December 2015, one article was published in the local newspaper that some persons are obtaining job in Solid Waste Management Department by submitting false and forged documents. Durga's appointment was kept on hold and her file was forwarded to the concerned clerk, Mr. Nirvane for further processing. Durga then made a representation to the Hon'ble Chief Minister's office by her letter dated October 30, 2018. Durga avers that nothing further was done in her case. On or about March 1, 2019, the Enquiry Officer namely, Shri Mahendra Haate issued a letter in the name of Durga's mother calling for her explanation. Durga received a letter on November 22, 2019 from respondent no.3 informing her that her appointment application is again sent to the Enquiry Officer i.e. respondent no. 5 for enquiry. In the said letter, the respondent no.3 has also mentioned that the mother of the petitioner has objected to her appointment. Durga's younger sister, who was previously unemployed, had raised objection to Durga's appointment, which she later withdrew as by then she was appointed on compassionate ground in place of her mother - Champa. According to Durga, the objection of the Enquiry Officer was that pursuant to the divorce, the custody of Durga and her sister was given to the mother and therefore it cannot be said that Durga was residing with her father. It is asserted by Durga that as she had a strong bonding with her father, that she was attached to him. Her father did not perform a second marriage.

(3.) During the pendency of the petition, there have been subsequent developments which are brought on record. By a communication dated June 9, 2020 (Exhibit 'M'), the Administrative Officer informed Durga that as per order of the Chief Engineer, Solid and Waste Management Department dated February 5, 2020, Durga is not entitled for compassionate appointment in place of her father. The enquiry report dated December 31, 2019, pursuant to an enquiry conducted, which resulted in Durga's appointment being put on hold, was obtained by making an application under the Right to Information Act, 2005. The gist of the enquiry report is that Durga did not disclose true and correct facts while applying for appointment on compassionate basis. The report indicates that Durga was not residing with her father, but only with a view to get the benefit of compassionate appointment, Durga added her name in the relevant records. Durga tried to project that she was close to her father and years later got her name entered in some documents to show that she was in fact residing with her father. The enquiry report further reveals that Durga's mother Champa was working in Estate Department, E-Ward as a Safai Karmachari in the name Champa Rajaram Dange and was also receiving and collecting pension of her divorced husband from the department and this information, which Durga was aware of, was never informed to the department.