Compassionate Appointment Must Be Governed Solely by Policy Prevalent at Death

sketch of the Bombay High Court
Case
HRISHIKESH HARIBHAU CHAVAN v. THE STATE OF MAHARASHTRA THR. GENERAL ADMINISTRATIVE DEPARTMENT AND ANR (Bombay High Court, 29-09-2026)
Law
Service Law, Constitution of India.

Highlights of the Judgment:

  • Examination of legal principles governing compassionate appointments as an exception to ordinary recruitment rules.
  • Analysis of whether a subsequent government resolution can retrospectively apply to deaths occurring prior to its operational date.
  • Application of the settled rule that eligibility is determined by the policy prevalent at the time of the employee's demise.
  • Review of administrative policy interpretations regarding different employment categories and their eligibility criteria.
  • Reliance on Supreme Court precedents concerning the non-vested nature of compassionate appointment rights and undue delay.