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Bombay High Court

KAILAS PITAMBAR KOLIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

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

Summary

The petitioner, Kailas Pitambar Koli, was initially appointed on compassionate grounds as a Watchman (Class‑4) in Jalgaon Municipal Corporation in 2005, despite possessing qualifications for a Class‑3 post. He repeatedly submitted representations between 2007 and 2021 requesting a revised appointment to Class‑3, citing Government Resolutions dated 26‑Oct‑1994 and 30‑Jan‑2010 which mandate such re‑appointments when vacancies exist. The municipal corporation acknowledged vacancies in Class‑3 but failed to act on his representations. The Court examined the statutory guidelines and the petitioner’s continuous requests, finding that his right to a Class‑3 appointment could not be denied due to delay. Consequently, the Court allowed the writ petition and directed the corporation to issue a revised appointment order for the vacant Class‑3 post within fifteen days.

Issues considered

  • Whether the petitioner is entitled to a revised appointment to a Class‑3 post under the Government Resolutions of 26‑Oct‑1994 and 30‑Jan‑2010.
  • Whether the municipal corporation is obligated to issue the revised appointment order despite the petitioner's delayed filing.
  • Whether the petitioner’s continuous representations create a legal right to re‑appointment.

Subjects

  • compassionate appointment
  • revised appointment order
  • Class‑3
  • Class‑4
  • government resolution
  • municipal corporation
  • service law
  • writ petition
  • employment grievance

Judgment

2026:BHC-AUG:23998-DB



                                                                 903 WP2648.2022
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               WRIT PETITION NO. 2648 OF 2022

              .    KAILAS PITAMBAR KOLI,
                   Age: 38 Years, Occu. Service,
                   R/o. Near Bansi Kirana, Walmik Nagar,
                   Asoda Road, 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
                                                     903 WP2648.2022
                                  -2-

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

Class-4 post in view of the Government Resolution dated

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 10.03.2005,

on the post of Watchman 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 expired during service

with Respondent No.2. The petitioner’s father was working on the

post of Fitter 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.
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                                     -3-

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

with Respondent No.2 and when the mistake was realised by

Respondent No.2, revised orders were 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 17.05.2007, 29.11.2007,

14.01.2009, 09.04.2010, 05.05.2010, 13.12.2018, 24.01.2019,

11.09.2019,    16.11.2019,     15.01.2020          and    17.05.2021   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         B.A.   (Mass   Communication

Journalism), MS-CIT as well as MS Office Computer Course, 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
                                                      903 WP2648.2022
                                 -4-

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 has not adhered to the

Government Resolutions.


4.         The learned Advocate for Respondent No.2 has

countered the submissions advanced by learned Advocate for

Respondent No.2 and submits that 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 Advocate 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 expired

during service with Respondent No.2 and the Petitioner came to

be appointed on compassionate ground under order dated

10.03.2005. The copy of the appointment order has been
                                                   903 WP2648.2022
                                 -5-

produced. The said appointment was in view of the Government

Resolution dated 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 demise of employee during

service. Now, it is to be noted that the said appointment of the

Petitioner was on the post of Watchman, which is a Class-4 post.

The Petitioner appears to have accepted the same at that time,

though in clause 4 of Annexure “A” to 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. Thereafter, an application came to be

filed by the present Petitioner on 29.11.2007, disclosing his

qualification   and   as   per   Government    Resolution   dated

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

therefore, he had prayed for a revised order. Thereafter, again on

09.04.2010 and 05.05.2010, it appears that he had made similar

representations. Those applications were never considered and

he continued to serve as Watchman in Respondent No.2

Municipal Corporation.
                                                  903 WP2648.2022
                               -6-

7.         The next documents on which the Petitioner is relying

is his representations dated 13.12.2018 and 24.01.2019,

wherein he was seeking the revised order by appointing him to

Class-3 post. Again, on 11.09.2019, 16.11.2019 and 15.01.2020

he has given detailed reminders / representations by annexing

the different Government Resolutions. In the representation

dated 17.05.2021, he stated therein 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 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
                                                     903 WP2648.2022
                                -7-

post it was necessary to mention that such person would be

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
                                                   903 WP2648.2022
                                -8-

representations were never taken cognizance of. Therefore, we

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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