Bombay High Court
SANTOSH REVANSIDDHA MAMDAPUREversusVOCATIONAL EDUCATION AND TRAINING REGIONAL OFFICE AND OTHERS
- Disposal
- Allowed
Holding
The petitioner is entitled to a compassionate appointment as the legal heir of a safai kamgar, and the earlier order rejecting his claim is quashed.
Summary
The petitioner, a member of the Mahadev‑Koli Scheduled Tribe, sought a compassionate appointment as the legal heir of his mother who was a safai kamgar, invoking the Government Resolution dated 24 February 2023. The Respondent had rejected his claim, arguing that the resolution only covered Scheduled Caste and Neo‑Buddhist categories. The Court examined the Division Bench decision of 8 January 2025, which directed authorities to consider individual claims objectively in light of the same resolution. It held that the definition of "safai kamgar" in the resolution is inclusive of all workers performing the job, and Clause 3 expressly provides for compassionate appointment of legal heirs irrespective of caste. Consequently, the impugned order of 3 December 2025 was quashed, and the Respondent was directed to reconsider the petitioner's application afresh within two weeks. The writ petition was allowed.
Issues considered
- Whether a Scheduled Tribe individual is eligible for compassionate appointment as the legal heir of a safai kamgar under the Government Resolution dated 24 February 2023.
- Whether the exclusion of Scheduled Tribes in Clause 1 of the resolution bars the petitioner’s claim.
Subjects
- compassionate appointment
- scheduled tribe
- safai kamgar
- government resolution
- writ petition
- appointment authority
- caste discrimination
Judgment
28-WP-1137-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1137 OF 2026
Santosh Revansiddha Mamdapure ...Petitioner.
Versus
Vocational Education And Training
Regional Oice and Others ...Respondents.
——————
Mr. Anant Vadgaonkar with Mr. H. M. Khupsare, for the Petitioner.
Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 18, 2026.
P. C. :
1. By this petition, an exception is taken to the order dated 3 rd
December 2025 passed by the Respondent No.1 and request is made to
decide the Petitioner’s application in accordance with the Government
Resolution dated 24th February 2023.
2. The learned counsel appearing for the Petitioner would point out
the decision of the Hon’ble Division Bench of this Court, Aurangabad
Bench dated 8th January 2025, which directed the Appointing
Authorities or the Competent Authorities of the Establishments to
follow the Government Resolution dated 24th February 2023 and to
consider the individual claim objectively. He would further point that
the only reason why the Petitioner’s claim has been rejected is that the
Gaikwad RD 1 of 3
28-WP-1137-2026.doc
Petitioner belongs to ‘Mahadev-Koli’, Scheduled Tribe and the
Government Resolution dated 24th February 2023 does not include the
Scheduled Tribe for granting relief by way of legal heirs of the safai
kamgar.
3. We have perused the impugned order dated 3 rd December 2025.
The Division Bench order of this Court Aurangabad Bench directs the
Appointing Authorities to consider the individual claims objectively in
light of the Government Resolution dated 24th February 2023.
4. The Government Resolution dated 24th February 2023 deines the
‘safai kamgar’ to include ‘Scheduled Caste’ and ‘Neo-Buddhist’.
However, the deinition of safai kamgar also includes all the safai
kamgars, who fall within the deinition of safai kamgar, i.e., the person,
who would be carrying out the work of safai kamgar. Pertinently, Clause
(3) of Government Resolution dated 24th February 2023 provides for
compassionate appointment of the legal heirs of safai kamgar. Even if,
assuming that the Petitioner is belonging to the ‘Scheduled Tribe’, which
is not included in Clause (1), it cannot be disputed that the Petitioner’s
mother was working as safai kamgar and by virtue of Clause (3) of the
Government Resolution dated 24th February 2023, the Petitioner, as
being the son of safai kamgar would be entitled to compassionate
appointment.
Gaikwad RD 2 of 3
28-WP-1137-2026.doc
5. In light of the above discussion, the impugned order dated 3 rd
December 2025 is hereby quashed and set aside.
6. The Respondent No.1-Joint Director, Vocational Education and
Training, Regional Oice, Ghole Road, Pune is directed to decide the
Petitioner’s application afresh and in light of the observations made in
the present order.
7. The application to be decided within a period of two weeks from
today.
8. The Writ Petition is allowed in the above terms.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.19
13:59:51
+0530
Gaikwad RD 3 of 3
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