1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.7238 OF 2009 * Santosh S/o Bhikaji Ingale, ] Age 29 years, ] Occupation : Nil, ] R/o 15 Town Hall, Aurangabad ] Taluka & District Aurangabad ] .. Petitioner Versus 1) The State of Maharashtra, ] Through the Secretary ] Medicala Education and ] Research Department, ] Mantralaya, Mumbai. ] ] 2) The District Collector, ] Aurangabad, ] District Aurangabad. ] ] 3) The Dean, ] Government Medical College ] and Hospital, Aurangabad. ].. Respondents -------- Shri. Harish S. Bali, Advocate for petitioner. Shri. V.H. Dighe, Assistant Government Pleader for respondent Nos.1 to 3. -------- 2 CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 7th JULY, 2010 ORAL JUDGMENT (Per Naresh H Patil, J.): 1) Heard learned counsel for the respective parties. 2) Rule. Rule returnable forthwith and by consent of the counsel for the parties, taken up for final hearing. 3) The petitioner’s father was working in Government Medical College & Hospital Aurangabad. He died on 28-12-2001 while in service. The petitioner was 21 years of age. After about 14 months since the death of his father, the petitioner applied for appointment on compassionate ground. It is informed to this Court that the petitioner’s mother is also working in the office of respondent No.3. 3 4) By a communication dated 7th September 2009 the petitioner’s application was rejected on the ground that the petitioner’s mother is working. 5) The petitioner filed Original Application No.936 of 2009 which came to be dismissed by the Maharashtra Administrative Tribunal, Aurangabad Bench, by an order dated 25-9-2009. Hence this writ petition. 6) The learned counsel for the petitioner submits that, the application has been wrongly rejected and there is total non application of mind on the part of the authorities. The impugned order is without reason. The petitioner had complied with all conditions and the petitioner’s case deserves to be considered. 7) The learned Assistant Government Pleader submitted that the authorities had considered the 4 case of the petitioner and it was found that as the petitioner’s mother was in service and therefore taking overall view of the matter impugned order was passed. Affidavit-in-reply was filed by the respondents. The learned Assistant Government Pleader has placed reliance on the order passed by the Maharashtra Administrative Tribunal and the relevant Government Resolutions. 8) We find that in the facts of the case the impugned order is not a well reasoned order. In the light of the principles and the ratio in respect of consideration of cases of appointment on compassionate ground, the authorities ought to have passed a proper reasoned order. 9) It is well settled that request for appointment on compassionate ground cannot be made as a matter of right. But at the same time the employer is entitled to consider the case of 5 an applicant, who applies for appointment on compassionate ground in the light of the State Government's policy, the waiting list, if it is maintained by the employer, the need of the applicant and his family, the source of livelihood etc. and after taking into consideration the overall view of the matter the employer is entitled to pass reasoned order which would reflect application of mind. With this view we find that the matter requires to be remanded back. 10) The communication dated 7th September 2009 of the Dean, Government Medical College and Hospital Aurangabad as well as the order dated 25-9-2009 in Original Application No.936 of 2009 passed by the Maharashtra Administrative Tribunal, Aurangabad Bench, Aurangabad, are quashed and set aside. We direct the Dean, Government Medical College and Hospital Aurangabad to consider the application of the 6 petitioner for appointment on compassionate ground on its own merit, strictly in accordance with the State policy & in the light of the observations made above and pass a brief reasoned order. The order shall be communicated to the petitioner within a period of three months from today. 11) Rule is made absolute in the above terms with no order as to costs. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ wp.7238.2009