Chhatrapati Sambhajinagar: The Aurangabad bench of the Maharashtra Administrative Tribunal (MAT) has ordered to include the name of the son in the list of heirs of the deceased employee, as his wife, who was on the waiting list for employment on compassionate grounds, is 45 years old.
The District Collector had rejected his application by passing orders that the son's name could not be included in the compassionate list instead of the wife.
In view of the application, filed in the MAT against it. The judicial member of the MAT, Justice A N Karmarkar quashed the order of the District Collect and issued directives to include the son's name in the list of jobs on compassionate grounds within a month.
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What was the original application?
Rohit Changdev Mote applied to include his name on the waiting list for a job on compassionate grounds in place of his father. The applicant's father was in service at Government Girls' School of Omerga. His father passed away in 2007. The name of the deceased's wife was taken in his place for the job on compassionate grounds. She was not taken on the job till 2020. An application was made to include his son's name in the list for a job on compassionate grounds before she turned 45 years of age. The District Collector had given the reason that there was no provision for name change in the government decision. Therefore, an application was filed on behalf of his son in the MAT through adv Kakasaheb Jadhav.
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Change in heirs allowed
In certain specific and compelling circumstances, the full bench of the Nagpur Bench of the Bombay High Court ruled that a change of heirs for employment on compassionate grounds is allowed. Adv Jadhav referred to the judgment given on May 28, 2024, in the petition Kalpana Vilas Taram vs. Government of Maharashtra in support of his demand.
If the employee dies and his children are minors, his wife can apply for compassionate employment. If his wife has not been appointed until their children attain majority (18 years of age), in such a situation, the family decides that it would be more appropriate for the child to get a job instead of the wife.
The full bench has ruled that the name of the child can be included in the list of jobs on compassionate grounds instead of the wife in such a situation. Accepting that the MAT gave above orders.