Compassionate appointment – employee bedridden and under medical invalidation
Compassionate appointment for wife -Employee in medical invalidation and bedridden since 2022 after last brain tumor surgery
On 1.11.2004, the husband of the petitioner no.1 was appointed as Clerk in the High Court of Bombay and promoted on 6.7.2021 as Assistant Section Officer.
From 2016, he was diagnosed with brain tumor and had undergone three surgeries. After the last surgery on 6.7.2022, he has suffered brain haemorrhage and is in semi unconscious condition till date.
The application of the wife for compassionate appointment was ground that on two grounds that the employee was above 45 years of age and that the record does not show that the employee is permanently incapacitated to perform the work or is not like to recover.
HELD that keeping in mind the constitutional mandate of social justice, Clause 3 of the Revised Guidelines as extending the benefit to the dependent / family members of the employee who is terminally ill for long period i.e. unconscious for long period. Secondly, the wife had application for compassionate appointment before completing 45 years of age.
Judgment dated 23.10.2024 of the High Court of Bombay, Bench at Nagpur, Writ Petition No.2661 of 2024 of Ashwini Parag Pande and another Vs. The Registrar of the High Court of Bombay, Bench at Nagpur.
