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Bombay High Court

VAIBHAV SHASHIKANT DHARMADHIKARIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The petitioner is entitled to be appointed to the Class‑3 post and the municipal corporation must issue a revised appointment order.

Summary

The petitioner, Vaibhav Dharmadhikari, was appointed on compassionate grounds as a Coolie (Class‑4) in Jalgaon Municipal Corporation in 2005, although his qualifications entitled him to a Class‑3 post. He repeatedly submitted representations in 2005, 2007, 2016, 2017 and 2018 requesting a revised appointment order, citing Government Resolutions dated 26‑Oct‑1994 and 30‑Jan‑2010 which mandate promotion of eligible compassionate appointments to Class‑3 when vacancies exist. The municipal corporation acknowledged the existence of vacant Class‑3 posts but failed to act on the petitioner’s representations. The respondents argued that the petitioner had already received benefits under a time‑bound pay scale and could not seek further promotion. The Court examined the statutory guidelines, the petitioner’s continuous representations, and the corporation’s duty to honour the resolutions, concluding that the petitioner’s right to promotion could not be denied. Accordingly, the Court allowed the writ petition and directed the municipal corporation to issue a revised appointment order placing the petitioner in a Class‑3 post within fifteen days.

Issues considered

  • Whether a compassionate appointment made under the 1994 Government Resolution must be revised to a Class‑3 post when the appointee possesses the requisite qualifications and a vacancy exists.
  • Whether the municipal corporation is legally bound to act on the petitioner’s repeated representations for a revised appointment.
  • Whether the delay in filing the writ petition bars the petitioner from obtaining the revised appointment.

Subjects

  • compassionate appointment
  • Class‑3 promotion
  • municipal corporation
  • revised appointment order
  • government resolution
  • service law
  • writ petition

Judgment

2026:BHC-AUG:23964-DB



                                                                902 WP2647.2022
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              WRIT PETITION NO. 2647 OF 2022
              .    VAIBHAV SHASHIKANT DHARMADHIKARI,
                   Age – 43 years, Occu.- Service,
                   R/o. Plot No.42, Block No.2,
                   Shri. Mahalaxmi Nivas, Devendra Nagar,
                   Model Colony, Jalgaon,
                   Tq. & Dist.- Jalgaon                   .. Petitioner

                                     Versus

              1.   THE STATE OF MAHARASHTRA,
                   Secretary, Urban Development Department,
                   Mantralaya, Mumbai

              2.   THE COMMISSIONER,
                   Jalgaon Municipal Corporation,
                   Jalgaon, District- Jalgaon                   .. Respondents

                                             ...
              Advocate for the Petitioner: Ms. Seema Gaikwad h/f. Mr. Ajay G.
              Talhar
              AGP for Respondent No.1: Mr. P. K. Lakhotiya
              Advocate for Respondent No.2 : Mr. Sandesh R. Patil
                                             ...
                                CORAM : SMT. VIBHA KANKANWADI &
                                        SACHIN S. DESHMUKH, JJ.
                                   Date : 17.06.2026
              PER COURT :-

              1.           The present petition has been filed for issuance of

              directions to Respondent No.2 to decide the representation

              submitted by the Petitioner for seeking revised appointment

              order thereby placing the Petitioner on the post of Class-3 from

              Class-4 post in view of the Government Resolution dated
                                                      902 WP2647.2022
                                  -2-

30.01.2010 within some stipulated period. The another prayer is

to direct Respondent No.2 to issue the revised appointment order

to the Petitioner on the post of Class-3 in Respondent No.2

Municipal Corporation considering the educational qualification

of the Petitioner and to grant all other consequential monetary

benefits to the Petitioner.


2.          The Petitioner has come with a case that he came to be

appointed    on   compassionate     ground   in   Respondent    No.2

Municipal Corporation vide appointment order dated 05.07.2005,

on the post of Coolie i.e. Class 4 post in the Pay Scale of Rs.2550 -

3200. The said compassionate appointment was in view of the

fact that the petitioner’s father had retired on medical ground.

The petitioner’s father was working on the post of Instrumental

Mechanic in water Supply Department, which was the Class-3

post. In fact, the Petitioner was having qualification to be

appointed on Class-3 post and, therefore, it was obligatory on the

part of Respondent No.2 to issue a proper appointment order in

view of the Government Resolution dated 26.10.1994. Yet,

Respondent No.2 had appointed the Petitioner on Class-4 post.

The Petitioner contends that there are vacancies in Class-3 post

with Respondent No.2 and when the mistake was realised by
                                                      902 WP2647.2022
                                 -3-

Respondent No.2, a revised order was issued in respect of some

other employees thereby placing them from Class-4 post to Class-

3 post in the year 2007. The Petitioner had then made

representations several times i.e. on 20.07.2005, 28.12.2007,

31.03.2016, 23.02.2017 and 11.09.2018 for issuance of a revised

order in his favour. However, Respondent No.2 did not responded.

The Petitioner has stated that his educational qualification is G.D.

Art, English and Marathi typing as well as MS-CIT, which is the

requisite qualification for Class-3 post. The Petitioner is also

relying upon the Government Resolution dated 30.01.2010,

wherein certain guidelines have been issued in respect of revised

order of appointment i.e. reappointment of the persons, who are

appointed on compassionate ground, on the Class-3 post from

Class-4 post. Hence, this petition.


3.          Heard learned Advocate Ms. Seema Gaikwad holding

for Mr. Ajay G. Talhar, learned Advocate for the Petitioner, who

has taken us through the documents produced on record as well

as the various Government Resolutions. She submits that though

there is availability of post in Class-3 and the Petitioner is having

requisite qualification yet Respondent No.2 is not adhered to the

Government Resolutions.
                                                     902 WP2647.2022
                                  -4-

4.            Learned counsel for Respondent No.2 submits that

the Petitioner has been given time bound pay scale as there is a

post on promotion of Mukadam that is available for the post of

Coolie. The Petitioner received the benefits under the said order

and now he cannot seek the appointment as prayed and at the

most Respondent No.2 be directed to decide the representation

that has been submitted by the Petitioner in view of prayer

Clause “C”.


5.            It will not be out of place to mention here that after

hearing both sides, we had directed the learned counsel for

Respondent No.2 to get telephonic information in respect of

availability of the post under Class-3 with Respondent No.2.

Thereupon, upon instructions, he makes a statement that there

are vacant posts available with Respondent No.2 in Class-3.


6.            Here it is to be noted that there is no dispute as

regards the fact that after the Petitioner’s father had retired on

the medical ground the Petitioner came to be appointed on

compassionate ground under order dated 05.07.2005. The copy

of the appointment order has been produced. The said

appointment was in view of the Government Resolution dated
                                                          902 WP2647.2022
                                      -5-

26.10.1994. Annexure “A” to the said Government Resolution

laid down the criteria and the procedure for appointing a relative

of the government employee on compassionate basis, which

includes the retirement on medical ground. Now, it is to be noted

that the said appointment of the Petitioner was on the post of

Coolie, which is a Class-4 post. The Petitioner appears to have

accepted the same at that time, though in clause 4 of the said

Government Resolution dated 26.10.1994, it has been specifically

stated that such a relative has to be given appointment on

compassionate ground taking into consideration his educational

qualification and age, which was the requisite qualification for

Group-C and Group-D i.e. Class-3 and Class-4. Immediately after

the appointment order dated 05.07.2005, an application came to

be filed by the present Petitioner on 20.07.2005, disclosing that

as per his application dated 06.02.2004, he has mentioned his

qualification   and        as   per   Government     Resolution    dated

26.10.1994, he should be given appointment in Class-3 and,

thereafter, he had prayed for a revised order. Thereafter, again

on   28.12.2007,      it    appears     that   he   had   made    similar

representation. Those applications were never considered and he

continued to serve as Coolie in Respondent No.2.
                                                    902 WP2647.2022
                                -6-

7.         The next document on which the Petitioner is relying

is his representation dated 31.03.2016, which is the similar

representation and, thereafter, on 23.02.2017, he was seeking

the revised order by appointing him to Class-3 post. Again, on

11.09.2018, he has given a detailed representation by annexing

the different Government Resolutions. He then stated in the

representation that he has been asked to do the work which was

assigned to the post of Class-3. It appears that even this detailed

representation has fallen on the deaf ears. There are copies of the

orders passed by Respondent No.2 in respect of the present

Petitioner, which would show that he was assigned with the work

which can be assigned to Class-3, however, he continued to be on

the pay scale of Class-4. Now, it has been submitted on behalf of

Respondent No.2 that they were the temporary orders.


8.         The Government Resolution dated 30.01.2010 makes

a provision for issuing a revised order i.e. reappointment of the

persons from Class-4 to Class-3 in respect of those persons

appointed on the compassionate ground. It is stated in the

Government Resolution that it has been noticed that in

appointment orders on compassionate ground issued for Class-4

post it was necessary to mention that such person would be
                                                     902 WP2647.2022
                                -7-

accommodated on the post of Group-C i.e. Class-3 as per the

educational qualification upon the availability of such post. When

this condition or stipulation was not mentioned there are certain

candidates who have been deprived of the right to be appointed

on Class-3 though such post was then available. By this

Government Resolution it was made mandatory to give such

stipulation in the initial appointment and put the responsibility of

the same on the appointing authority to mention such stipulation

and also gave green signal for issuance of the revised orders.

Now, the Petitioner is taking help of this Government Resolution.

He has also placed on record the revised orders of certain other

candidates from Class-4 post, who have been given revised orders

on Class-3 post, however, he has been kept away from the said

benefit.


9.         Taking into consideration all these documents and

Government Resolutions, we hold that the Petitioner was entitled

to be appointed on Class-3 post considering his educational

qualification. Though the Petitioner has approached this court

belatedly yet his right cannot be taken away on any other ground

as he was continuously making representations and those

representations were never taken cognizance of. Therefore, we
                                                   902 WP2647.2022
                                -8-

allow the Writ Petition and direct Respondent No.2 to issue

revised appointment order to the Petitioner on the vacant post of

Class-3 in Respondent No.2 Municipal Corporation considering

his present educational qualification and such order to be passed

within a period of fifteen (15) days from today.




(SACHIN S. DESHMUKH, J.)         (SMT. VIBHA KANKANWADI, J.)

marathe


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