Compassionate appointment is an exception to the general rule and should be granted based on fulfilling the eligibility criteria and the family's financial condition. It is not a matter of right and should be restricted to deserving families.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 4th respondent in Na.Ka.No.2608/A1/2012 dated 18.03.2013 quash the same and consequently direct the 4th and 5th respondents to provide employment to the petitioners under compassion.)

1. The order of rejection dated 18.03.2013 rejecting the claim of the writ petitioner is under challenge in the present writ petition.

2. The petitioner states that her father Mr.P.Ramanujam was working as Head Master in the 6th respondent school and died on 25.09.1997, while he was in service. The petitioner was a minor at the time of death of her father, her mother submitted an application on 11.09.2000 seeking appointment on compassionate ground. The said application was not considered by the authorities as the petitioner was minor and not eligible for employment. The petitioner had submitted an application on attaining the age of majority and admittedly after a lapse of 3 years from the date of death of her father. In this regard, the learned counsel for the petitioner made a submission that the mother of the petitioner made an application within a period of three years. However, the mother has not sought for appointment and the application was submitted to provide appointment to the petitioner.

3. Admittedly, the petitioner was not eligible during the relevant point of time and after attaining the majority, she approached the authorities for providing the appointment. The authorities had rejected the application through the impugned order dated 18.03.2013 stating that the petitioner got married and she is residing separately along with her husband. That apart, the mother of the petitioner was receiving the family pension of about Rs.1,25,000/- per year. There is no legal heir to the deceased employee. It is contended that out of 2 legal heirs, the writ petitioner got married and settled along with her husband and the mother of the writ petitioner was receiving the family pension and therefore the authorities are of the opinion that the family was not in indigent circumstances and consequently, the claim for appointment was rejected.

4. The learned counsel for the petitioner mainly contended that mere receipt of family pension is not a ground to reject the benefit of appointment on compassionate ground. The petitioner was all along approaching the authorities to provide the appointment and even after marriage, the family is in indigent circumstances and thus, the case of the writ petitioner is to be considered.

5. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contention by stating that the petitioner is now aged about 38 years and she got married long back and settled along with her husband separately. The mother of the petitioner was receiving family pension and even in the year 2014, the authorities found that the family was not in indigent circumstances. Accordingly the application was rejected thus there is no infirmity in the order passed by the authorities.

6. The scheme of compassionate appointment was introduced to mitigate the circumstances arising on account of sudden demise of the Government Employee. Compassionate appointment is not a regular appointment, nor an appointment under the constitutional scheme. It is a concession granted to the Government employees on certain exceptional circumstances. Thus, the compassionate appointment can never be claimed as a matter of right and only if a person is entitled under the terms and conditions, then alone the scheme can be extended, but not otherwise. Equal opportunity in public employment is a constitutional mandate. All appointments are to be made in accordance with the rules and by providing equal opportunity to participate in the process of selection.

7. As far as the compassionate appointments are concerned, no selection is conducted, no suit