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
Checking your session…