VIJAY VISHNU PAWAR Vs. ZILLA PARISHAD BHANDARA

JUDGEMENT

(1.) RULE returnable forthwith. Respondents waive service through counsel.

(2.) THIS is a classic case where human values are sought to be subordinated to procedure. The father of the petitioner was working as a Jeep Driver in the establishment of the first respondent with effect from 22-2-1963. Sometime in September 1988, the father of the petitioner suffered from severe schizophrenia as a result of which he was referred to the Medical Superintendent, Mental Hospital, nappur. On 28th September, 1988, the Medical Superintendent, mental Hospital, Nagpur issued a certificate expressing his opinion that the father of the petitioner was completely incapacitated for service on account of the mental illness (Chronic Schizophrenia ). It is not really in dispute that the illness with which the father of the petitioner suffered at that time has continued till today and even today, the petitioner s father is non compos mentis. It appears that someone in the office of the respondent, got an application typed and obtained signatures of the petitioner s father in which it was purportedly stated that the father of the petitioner was taking voluntary retirement due to the demise of his wife and his responsibility to look after the children and also on account of his not keeping well. This application was processed and the petitioner s father ceased to be in service.

(3.) THE petitioner made an application on 12-7-1993 seeking employment on compassionate grounds by pointing out that his father had obtained retirement on 31st August 1989 due to madness while he was in the service of the Zilla parishad. Since the retirement pension was insufficient for the maintenance of the family, and the family was virtually facing starvation, the petitioner sought employment on compassionate grounds. This application has been rejected by the reply dated 2-12-1995 on the ground that the petitioner s father had not retired on medical grounds, but that his retirement was voluntary. Being aggrieved, the petitioner is before this Court.