Bombay High Court Rebukes Mormugao Municipal Council for Flouting Compassionate Appointment Order
The Bombay High Court on Monday expressed severe displeasure with the Mormugao Municipal Council (MMC) for its handling of a compassionate appointment case, accusing the council of toying with judicial directives. The court sternly warned the MMC against manipulating court orders and demanded a revised appointment offer by Tuesday, threatening to initiate contempt proceedings if compliance was not met.
Background of the Compassionate Appointment Dispute
This legal confrontation stems from a November 2023 undertaking by the MMC, where it committed to appointing Sameer Chandrakant Desai, the son of a garden worker who passed away in 2016, on compassionate grounds within a two-week timeframe. The high court had accepted this assurance and instructed the MMC to expedite the process. However, the council's subsequent actions sparked a contempt petition filed by Desai, alleging non-compliance with the court's mandate.
Court Hearing Reveals MMC's Controversial Temporary Offer
During Monday's hearing, the MMC informed the court that an appointment offer had been extended to Desai, pending police clearance. However, Desai's legal representation countered this claim, revealing that the offer was for a temporary position, not the permanent compassionate appointment as ordered. The MMC attempted to clarify, stating the appointment was intended to be probationary initially, but this explanation was met with sharp criticism from the division bench comprising Justices Suman Shyam and Amit Jamsandekar.
The bench questioned, "Where is the question of probation in a compassionate appointment?" emphasizing that such appointments are meant to provide immediate relief to families of deceased employees and should not involve provisional terms. The court accused the MMC of causing unnecessary hardship, stating, "This is not done. You cannot make people rush to the court every now and then. This man has been fighting for a compassionate appointment.... you give an undertaking to the court, govt approves the appointment and thereafter what business do you have to say temporary appointment?"
Judicial Warnings and Demands for Immediate Compliance
Expressing frustration over the delays, the court admonished the MMC for making Desai "dance from pillar to post" and reiterated that compassionate appointments for grade-IV posts should be straightforward and timely. The bench issued a clear ultimatum: produce a modified order by Tuesday reflecting a proper compassionate appointment, or face serious action including contempt proceedings. This stern stance underscores the court's commitment to upholding its orders and ensuring justice for individuals seeking relief through compassionate grounds.
The case highlights ongoing challenges in implementing compassionate appointment policies in municipal bodies, with the high court's intervention serving as a reminder of the legal obligations to honor such commitments without undue delay or conditional terms.
