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Bombay High Court

YASMEEN BEE MAHEMUD BEGversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

A compassionate appointment may be considered for future vacancies despite the current surplus and delay, provided the petitioner's circumstances warrant equitable relief.

Summary

The petitioners, a retired teacher and her spouse, filed a writ petition seeking a compassionate appointment for the spouse in a government school, alleging a forthcoming vacancy due to an imminent superannuation. The management argued that there is currently a surplus teacher, no vacancy exists, and the petitioners delayed the application for six years, having already received a gratuity of Rs. 14,00,000 and a family pension of Rs. 33,000 per month. The court examined whether the delay and existing surplus preclude a compassionate appointment and whether the petitioners' circumstances merit equitable relief. It noted the likelihood of an upcoming vacancy and the humanitarian considerations underlying a compassionate appointment. Consequently, the court directed the management to consider the petitioner's case sympathetically for any future vacancy, effectively disposing of the writ petition with a direction for future action.

Issues considered

  • Whether a compassionate appointment can be ordered despite the absence of a current vacancy
  • Whether the six-year delay in filing the petition bars relief
  • Whether the receipt of gratuity and pension affects the right to a compassionate appointment

Subjects

  • compassionate appointment
  • vacancy
  • surplus teacher
  • delay
  • gratuity
  • family pension
  • superannuation
  • writ petition

Judgment

2026:BHC-AUG:39687-DB


                                                  {1}                   105-wp-10910-2025

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                               105 WRIT PETITION NO. 10910 OF 2025

                              Yasmeen Bee Mahemud Beg & Another
                                             VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Mr. Vijaykumar C. Patil (Ashtekar), Advocate for the Petitioners
              Mr. V.M. Kagne, AGP for State
              Mr. Shaikh Nasimoddin Rafiyoddin, Advocate for Respondents No. 3
              and 4
                                               .......

                                     CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                            DATE : 31st AUGUST, 2026
              PER COURT :

              1.   By   this    petition,     Petitioners   are   seeking   directions   to

              Respondent/Management to give appointment to Petitioner No. 2 on

              compassionate ground.


              2.   Learned Advocate for the Management submits that the there is

              already one surplus teacher working in the school and there are no

              vacancies as on today. He further submits that petitioners have

              approached after six years of delay and petitioners have received

              14,00,000/- gratuity and they are getting family pension of Rs.

              33,000/- per month.
                                    {2}                     105-wp-10910-2025

3.       Be that as it may, it is the case of the petitioners that one

employee is likely to retire on superannuation in the near future.


4.       We        dispose   of   the     writ   petition     by     directing

Respondent/Management to consider the case of Petitioner No. 2

sympathetically for future vacancies.



(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


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