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MUMBAI: The Bombay high court has allowed a sister’s name to be substituted in place of her brother on a waitlist for a government job on compassionate grounds. The court took note that she was refused only because a government resolution (GR) does not allow it and makes an exception only on the death of a wait-listed candidate.
“We see no valid reason for refusing to substitute the name of the petitioner in place of her brother in the waitlist of respondent (Nashik Municipal Corporation) for appointment on compassionate ground,” said Justices Ramesh Dhanuka and Gauri Godse in the May 2 verdict. They directed the NMC to substitute Shubhangi Kamodkar’s name within four weeks.
Shubhangi’s father, a senior clerk with NMC, died on April 21, 2014 while in service. In May 2014 her brother Gouresh applied for a job in his place. Shubhangi who graduated in 2018, requested the NMC to substitute her name in place of her brother on June 5, 2021 with her brother’s consent. However, soon afterwards NMC asked Gouresh to submit documents to confirm his candidature on the waitlist. His sister’s petition said this letter amounted to a rejection of her request and she challenged it.
NMC replied that Gouresh’s name was notified at number 22 on a waitlist of 202 candidates. It contended that by a September 21, 2017 GR, the policy for compassionate appointment had no provision for substituting the name of a candidate, except in the event of a death. Shubhangi’s advocate Yashodeep Deshmukh argued that her brother had taken up another job as he had not got an appointment in all the years since their father’s death. He said Shubhangi needed the job as she was taking care of her old mother. Deshmukh cited a February 2017 order of Aurangabad bench, in Mohd Zakiyoddin’s case, in respect of a similar 2015 GR that restricted substitution of the name of a candidate on a waitlist for appointment on compassionate grounds.
The judges said the HC had then taken a view that such restriction amounts to making it impossible to implement the appointment policy. It had set aside the decision not to substitute the name of an applicant on the waitlist. “The principles laid down in the case of Mohd Zakiyoddin squarely apply to the facts of the present case,” they held, and quashed NMC’s June 22, 2021 communication.
“We see no valid reason for refusing to substitute the name of the petitioner in place of her brother in the waitlist of respondent (Nashik Municipal Corporation) for appointment on compassionate ground,” said Justices Ramesh Dhanuka and Gauri Godse in the May 2 verdict. They directed the NMC to substitute Shubhangi Kamodkar’s name within four weeks.
Shubhangi’s father, a senior clerk with NMC, died on April 21, 2014 while in service. In May 2014 her brother Gouresh applied for a job in his place. Shubhangi who graduated in 2018, requested the NMC to substitute her name in place of her brother on June 5, 2021 with her brother’s consent. However, soon afterwards NMC asked Gouresh to submit documents to confirm his candidature on the waitlist. His sister’s petition said this letter amounted to a rejection of her request and she challenged it.
NMC replied that Gouresh’s name was notified at number 22 on a waitlist of 202 candidates. It contended that by a September 21, 2017 GR, the policy for compassionate appointment had no provision for substituting the name of a candidate, except in the event of a death. Shubhangi’s advocate Yashodeep Deshmukh argued that her brother had taken up another job as he had not got an appointment in all the years since their father’s death. He said Shubhangi needed the job as she was taking care of her old mother. Deshmukh cited a February 2017 order of Aurangabad bench, in Mohd Zakiyoddin’s case, in respect of a similar 2015 GR that restricted substitution of the name of a candidate on a waitlist for appointment on compassionate grounds.
The judges said the HC had then taken a view that such restriction amounts to making it impossible to implement the appointment policy. It had set aside the decision not to substitute the name of an applicant on the waitlist. “The principles laid down in the case of Mohd Zakiyoddin squarely apply to the facts of the present case,” they held, and quashed NMC’s June 22, 2021 communication.
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