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2023 DIGILAW 104 (BOM)

Swati Wd/o. Sarang Raut v. Collector, Wardha Tah. & Dist. Wardha

2023-01-09

ROHIT B.DEO, Y.G.KHOBRAGADE

body2023
JUDGMENT : Y.G. Khobragade, J. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel appearing for the respective parties. 2. By the present petition, the petitioner challenges the resolutions dated 27.09.2021, 29.11.2021 and 07.06.2022 passed by respondent no. 3-Gram Panchayat, Ashta (Neri), Tahsil and District Wardha rejecting the claim of the petitioner for appointment on compassionate ground on the sole ground that the petitioner is not residing in the village since last 10-15 years. 3. In nutshell, it is the case of the petitioner that on 20.07.2002, she married with one Sarang Raut, who was working as Peon with respondent no. 3-Gram Panchayat. However, on 14.06.2021, her husband-Sarang Raut died due to heart attack while in employment with respondent no. 3. 4. Thereafter, on 11.08.2021, she submitted an application with respondent no. 3-Gram Panchayat for grant of appointment on compassionate ground. However, respondent no. 3-Gram Panchayat passed a resolution on 29.11.2021 and denied appointment to the petitioner on the ground that since 10-15 years, the petitioner is not residing in village Ashta (Neri). 5. Mr. S.K. Bhoyar, Learned counsel appearing for the petitioner canvassed that on 15.09.2021, the Deputy Chief Executive Officer (Gram Panchayat), Zilla Parishad, Wardha issued a communication to the Block Development Officer, Panchayat Samiti, Wardha and directed respondent no. 3-Gram Panchayat to act in accordance with Government Resolution dated 02.08.2017 but, respondent no. 3 – Gram Panchayat passed a resolution and turned down the application of the petitioner for appointment on compassionate ground for the reason that the petitioner was not residing with the deceased in village since last 10-15 years. 6. Being aggrieved by the said decision, the petitioner submitted a representation with respondent nos. 1 and 2 on 07.01.2021 and on receipt of the said representation, again on 28.10.2021, respondent no. 2 directed respondent no. 3-Gram Panchayat to act according to Government Resolution dated 02.08.2017 issued by the Rural Development Department, Mantralaya, Mumbai with a view that the petitioner would not face any starvation. So also on 28.10.2021, Deputy Chief Executive Officer (Gram Panchayat), Zilla Parishad, Wardha directed respondent no. 3 to act in accordance with Government Resolution dated 02.08.2017 and to submit compliance report in that regard. However, on 29.11.2021, respondent no. 3-Gram Panchayat again passed a resolution and rejected the claim of the petitioner for appointment on compassionate basis on same ground. 7. 3 to act in accordance with Government Resolution dated 02.08.2017 and to submit compliance report in that regard. However, on 29.11.2021, respondent no. 3-Gram Panchayat again passed a resolution and rejected the claim of the petitioner for appointment on compassionate basis on same ground. 7. Learned counsel appearing for the petitioner submitted that as per Government Resolution dated 02.08.2017 (Annexure-8), in case of death of a Gram Panchayat employee while in service, the legal heirs of the said employee can be appointed on compassionate basis with the concerned Gram Panchayat with a view that legal heirs of the deceased employee should not suffer any hardship and starvation. However, respondent no. 3-Gram Panchayat disregarded the Government policy framed under Government Resolution dated 02.08.2017 and rejected the claim of the petitioner though the said Government Resolution does not provide any condition of residing of legal heirs of the deceased Gram Panchayat employee in the village. Therefore, the impugned resolutions dated 27.09.2021, 29.11.2021 and 07.06.2022 is illegal and bad in law. Hence, prayed for quashing and setting aside the same. 8. Shri N.M. Kolhe, learned counsel appearing for respondent no. 2 submitted that respondent no. 3-Gram Panchayat is an autonomous body under the provisions of Section 61 of the Maharashtra Village Panchayat Act, 1958 having right to appoint employee, as may be necessary, for discharge of the duties. The Gram Panchayat is required to pay salaries of the employees from the village fund, so also to suspend or dismiss any employee for their misconduct. On 02.08.2017, the State Government issued a Government Resolution which provides that if an employee of Gram Panchayat expired during his service tenure, in that case, right to grant compassionate appointment to legal heirs of the deceased employee is absolutely vested with the concerned Gram Panchayat. After receipt of representation from the petitioner, respondent no. 3 – Gram Panchayat is to take decision in regard to appointment of the petitioner on compassionate basis. However, respondent no. 3-Gram Panchayat failed to appoint the petitioner on compassionate basis, which is under the domain and power of respondent no. 3-Gram Panchayat. 9. Mr. M.L. Vairagade, learned counsel appearing for respondent no. 3-Gram Panchayat submits that on 11.08.2021, the petitioner submitted an application for her appointment on compassionate basis due to death of her husband while in service. 3-Gram Panchayat failed to appoint the petitioner on compassionate basis, which is under the domain and power of respondent no. 3-Gram Panchayat. 9. Mr. M.L. Vairagade, learned counsel appearing for respondent no. 3-Gram Panchayat submits that on 11.08.2021, the petitioner submitted an application for her appointment on compassionate basis due to death of her husband while in service. However, the petitioner is not residing in village Ashta (Neri) since last 10-15 years, therefore the petitioner is not entitled for appointment on compassionate basis. 10. Having regard to the rival submissions, we have gone through the record and it is not disputed that late Sarang Raut was appointed with respondent no. 3-Gram Panchayat to the post of Peon and on 20.07.2002, the marriage of the petitioner solemnized with Sarang Raut and out of the marriage, the petitioner begotten a female child, who is about 13 years of age. It is an admitted fact that on 14.06.2021, the husband of the petitioner died due to severe heart attack while he was in employment with respondent no. 3-Gram Panchayat. Thereafter, on 11.08.2021, the petitioner submitted an application with respondent no. 3-Gram Panchayat for appointment on compassionate basis. Indeed, respondent no. 3 is an autonomous body under the Maharashtra Village Panchayat Act, 1958 which falls within the ambit of State under Article 12 of the Constitution of India hence, the Government Resolutions are binding on the Gram Panchayat. 11. On 02.08.2017, the State Government issued a Government Resolution, which provides for giving appointment on compassionate basis to the legal heirs of deceased Gram Panchayat employee, who died while in service. However, the impugned resolutions dated 27.09.2021, 29.11.2021 and 07.06.2022 are passed by the respondent no. 3-Gram Panchayat without considering the scope of Government Resolution dated 02.08.2017 and rejected the request of the petitioner for appointment on compassionate basis solely on the ground that the petitioner is not residing at village Ashta (Neri) since last 10-15 years. However, the petitioner has produced copy of the Voter List which demonstrates that petitioner’s name is appearing in the Voter List of Respondent no. 3-Gram Panchayat and she is residing at village Ashta (Neri). Therefore, the ground for rejection of the appointment of the petitioner on compassionate basis does not appear to be substantial and bonafide. 12. The Secretary of respondent no. 3-Gram Panchayat and she is residing at village Ashta (Neri). Therefore, the ground for rejection of the appointment of the petitioner on compassionate basis does not appear to be substantial and bonafide. 12. The Secretary of respondent no. 3-Gram Panchayat has filed affidavit in reply and made a statement that while passing the resolution dated 29.11.2021, it is mandatory on the part of the Gram Panchayat to appoint the petitioner on compassionate ground as per Government Resolution dated 02.08.2017 however, the Members of Gram Panchayat ignored his advice and passed resolution rejecting application of the petitioner for appointment on compassionate ground. Though, respondent no. 3-Gram Panchayat filed affidavit but, there is no statement that the petitioner never resided in village Ashta (Neri). Nonetheless, the ground for not residing of the petitioner in village since last 10-15 years does not dis-entitle the petitioner for claiming appointment on compassionate ground under Government Resolution dated 02.08.2017 wherein condition of residing at particular village is not provided. Therefore, passing of the impugned resolutions by the Members of respondent no. 3-Gram Panchayat in its meeting is absolutely in contravention of Government Resolution dated 02.08.2017. Therefore, action on the part of respondent no. 3-Gram Panchayat denying the appointment to the petitioner on compassionate basis to the suitable post in place of her deceased husband is contrary to Government Resolution dated 02.08.2017, and needs to be quashed and set aside. 13. In view of the above discussion, we inclined to allow the present petition and proceed to pass the following order:- ORDER (i) The petition is allowed. (ii) The resolutions dated 27.09.2021, 29.11.2021 and 07.06.2022 passed by respondent no. 3-Gram Panchayat while rejecting petitioner’s claim for her appointment on compassionate basis are hereby quashed and set aside. (iii) Respondent no. 3-Gram Panchayat is hereby directed to issue appointment order, on compassionate basis on a suitable post in favour of the petitioner within a period of two weeks from the date of receipt of the order.