1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3609 OF 2009 1) Ganesh Bahginath Patil, Presently working as Parichar, Veterinary Hospital, Shahapur, Tq-Jamner, Dist-Jalgaon and others. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai and others. ...RESPONDENTS. WITH WRIT PETITION NO.3285 OF 2009 1) Ganesh Bahginath Patil, Presently working as Parichar, Veterinary Hospital, Shahapur, Tq-Jamner, Dist-Jalgaon and others. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai and others. ...RESPONDENTS. 2 ... Shri.A.S. Deshmukh Advocate with Shri. B.S. Deshmukh Advocate for Petitioners. Shri.V.H. Dighe, A.G.P. for Respondent Nos. 1 and 2. Shri. Vijay Sharma Advocate for Respondent No.3. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 28TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioners were appointed on compassionate ground, purely on temporary basis. The Petitioners were also directed to furnish undertaking to the Zilla Parishad, which was accordingly submitted by the Petitioners according to Shri Sharma, the counsel appearing for Zilla Parishad. The Petitioners were appointed in Class- IV category. 3. The grievance of the Petitioners is that they ought to have been appointed in Class-III 3 category in accordance with the Government Resolution dated 23rd August, 1996 (Exhibit-C). It is submitted on behalf of the Petitioners that in other Districts the Zilla Parishad Authorities have appointed the persons identically situated like the Petitioners, on compassionate ground in Class-III category or later on absorbed them from Class-IV category to Class-III category. Even in Zilla Parishad, Jalgaon, according to the Petitioners, three persons were appointed in Class-III category. The counsel for the Petitioners has placed on record a communication dated 31st May 2006, made by Shri. P.B. Pawar, Under Secretary, Government of Maharashtra. The counsel submits that the Under Secretary communicated to the Zilla Parishad that the employees namely, Santoshkumar Chavan, Manohar Bagul and Prashant Patil be absorbed in Class-III category in accordance with the Government Resolution dated 23rd August, 1996. The Petitioners claim similar benefits by way of directions to the Respondents in exercise of extra 4 ordinary writ jurisdiction of this Court. 4. The Respondent- State and Zilla Parishad filed affidavit in reply. 5. Respondent Nos. 1 and 2 filed affidavit in reply through Deputy Commissioner (Establishment). In Paragraph Nos.4, 6 and 8 of the said reply the deponent contends: "4) I say and submit that, in para 4 of the Government Resolution dated 23-8-1996 (Page No.94 of the Writ Petition) specifically states that, the compassionate appointees who were eligible for being appointed on Class III posts were appointed on class IV Posts due to non availability of Class III posts, may be appointed on class III posts when the same becomes available, on priority. It is however, made clear that, 5 there should be a specific mention to that effect in the appointment order. The demand or prayer of the appointees to be appointed on class III posts, cannot be considered or accepted unless this specific condition mentioned in para no. 4 of the Government Resolution dated 23-8-1996. 6) I further say and submit that, the circular of Rural Development Department dated 21-7-2000 has made it clear that, in case when the post of choice is not vacant the compassionate appointee is to be appointed on the vacant post in group D cadre and it is binding upon the appointee to accept the said appointment and if, the same is denied to accept then the appointment so offered automatically stand cancelled appointee will not get any other appointment on compassionate ground there in after. Here to annexed and 6 marked as EXHIBIT R-1 is the copy of the said letter. 8) It is further submitted that, para 3 of the Government Circular dated 30th January, 2010 has again confirmed that the provisions in para no.4 of the Government Resolution dated 23-8-1996 is the policy of the Government, which is self explanatory and is not relaxable at all. In this view of the matter, the claim/prayer of the Petitioners cannot be considered as there is no specific mention in their appointment order. Hereto annexed and marked as EXHIBIT R-3 is the copy of the Government Circular dated 30th January, 2010." 6. The reply filed by the Zilla Parishad is also on the lines of the reply filed by the State Government, as stated by the learned counsel Shri. Sharma. 7 7. Shri. Dighe, learned A.G.P. submitted that, firstly, the appointment issued to the Petitioners did not specify the condition No.4 of the Government Resolution dated 23rd August, 1996, secondly, the appointment of the Petitioners on compassionate ground was purely on temporary basis and thirdly, the Petitioners do not have vested legal right to claim particular post as they are compassionate appointees. 8. We have considered the submissions advanced by the learned counsel for the respective parties, perused the documents placed on record. 9. The principles governing appointment on compassionate ground, are well settled by catena of Judgments by the Apex Court. (Ref:- 1) Eastern Coalfields Ltd. vs. Anil Badyakar (2009) 13 S.C.C. 112, 2) State of Chhattisgarh vs. Dhirjo Kumar Sengar (2009) 13 S.C.C. 600 3) Uttaranchal Jal Sansthan vs. Laxmi Devi (2009) 7 S.C.C. 205 4) 8 Santosh Kumar Dubey vs. State of U.P. (2009) 6 S.C.C. 481). 10. The candidate seeking appointment on compassionate ground does not have vested, much less legal right. The candidate cannot seek appointment on a particular post though lying vacant in the establishment. 11. In the facts of the case, it is brought to the notice of this Court that the persons identically situated like Petitioners were absorbed in Class-III category. It is also case of the Petitioners that in some other Districts, the compassionate appointees were appointed in Class- III category or later on absorbed in Class-III category. This act on the part of the Authorities of Jalgaon Zilla Parishad and incidents of appointment which took place in other Districts according to the Petitioners, is the basic bone of contention and ground to seek writ from this Court directing the Respondents to absorb the 9 Petitioners in Class-III category. In the light of the principles governing compassionate appointment well enunciated by the Apex Court, these grounds are not sustainable and therefore the same are rejected. 12. Turning to the Government Resolution issued by the State dated 23rd August, 1996, we find that the appointments issued to the Petitioners on compassionate ground, were not strictly in accordance with Clause-4 of the said Government Resolution. Even otherwise, the Government had clarified their stand by way of affidavit in this Court, which has to be considered. Appointment given to three persons by the Authorities based on instructions of the Under Secretary, cannot be ground for this Court to exercise its extra ordinary writ jurisdiction under Article- 226 of the Constitution of India, more particularly, when the principles of appointment on compassionate ground are well settled. The Petitioners' appointment as of now is 10 purely on temporary basis. The Petitioners did not have any vested right, much less, legal right to seek such relief and therefore no interference is called for. There is no merit in the Petitions. The Writ Petitions are dismissed. 13. The learned A.G.P. is directed to forward copy of this order to the Principal Secretary, Rural Development and the Principal Secretary, General Administration Department, who would take into consideration the Government Resolution dated 23rd August, 1996, reply filed by the State in these proceedings, the communication made by the Under Secretary, Government of Maharashtra, dated 31st May, 2006 and adopt a comprehensive stand which should be implemented in the State of Maharashtra, in future. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp3609.09