HC reprieve for widow who got husband’s job

MUMBAI: The Bombay high court (HC) has held that jobs given on compassionate grounds are not fresh jobs and hence are not in want of approval of the state. The observations were made while hearing the petition of a widow who was denied the post of her husband who was a peon in a school.

A division bench of justices SC Dharmadhikari and Bharati Dangre was hearing the petition filed by Samita Desai through advocate Narendra Bandiwadekar seeking directions to the state to regularise her post. The petition also sought directions to the state to pay her the dues accrued to her while working as a peon in the school.

The widow had got the job on compassionate grounds after he passed away suddenly, but the state refused to approve her post on the grounds that there was a freeze on approvals as per a 2012 state decision. The HC, however, said that jobs given on compassionate grounds do not come under the ambit of the 2012 decision and hence directed the state to regularise her job.

According to the plea, Desai’s husband, Sameer, worked as a peon in the school and as his post was an approved one, his salary was paid by the government. However, he died on November 2, 2011 and Desai was left to take care of two minor children. On March 26, 2012, the school management decided to appoint Desai

on compassionate grounds in place of her husband. The school sent an application on August 7, 2012 to the education department to regularise Desai’s job, which was refused on the ground that there was a ban on approving new staff since May 2, 2012. Following this, Desai and the school approached the court.

Counsel for the state, Shruti Vyas, said there was a ban on approvals and the post was not sanctioned as per the 2013-14 staffing pattern for the school.

The bench, however, rejected the contentions and stated Desai’s appointment was done as per a December 2, 2002 state order which superseded the 2012 ban.