MAHADEV PANDHARINATH RAKH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 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 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 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 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 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, 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.