Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, Calling for the records pertaining to the order passed by the 2nd Respondent in his Proceedings Na.Ka.No.7489/A1/2002 dated 11.11.2014 and quash the same and direct the Respondents to appoint the petitioner as Junior Assistant on compassionate ground.)

1. The order of rejection, rejecting the claim for compassionate appointment is under challenge in the present writ petition.

2. The petitioner states that his mother Tmt.K.Kala died on 02.01.1999, while he was working as Secondary Grade Assistant in Panchayat Union Elementary School, Namathodu, Peranamallur Union. The petitioner states that his mother died leaving behind his father, the petitioner and his sister. At the time of the death of his mother, he was aged about 13 years. The petitioner submitted an application on 20.12.2001, seeking appointment of compassionate ground. His father also made a representation, requesting the authorities to provide appointment to the writ petitioner on compassionate ground. However, the respondents had not taken action immediately and there was a ban for compassionate appointment for the year 2001 to 2006. Even thereafter, the writ petitioner has not pursued his remedy. Finally, he filed W.P.No.21084 of 2014 and this Court directed the authorities to consider the representation on 08.09.2014. Pursuant to the direction, the respondents issued the impugned order, stating that as on the date of the death of the deceased employee, the petitioner was a minor and further his father was also an earning member during the relevant point of time. Thus, the legal heirs of the deceased employee are not eligible to avail the benefits of the scheme of compassionate appointment.

3. Admittedly, the petitioner was a minor during the relevant point of time and therefore, he was not eligible to seek appointment. His father, who is the husband of the deceased employee, was also an earning member and therefore, under the scheme, no appointment can be provided under the scheme of appointment. That apart, the mother of the writ petitioner died on 02.01.1999. Now after a lapse of about 22 years, the benefit of scheme cannot be extended.

4. Lapse of time would also provide a ground to draw a factual inference that the penurious circumstances aroused on account of the sudden death of an employee became vanished. Thus, Courts have repeatedly held that compassionate appointment cannot be granted after several years. It is not as if the scheme is contemplated to provide one appointment to the family of the deceased employee.

5. Scheme of compassionate appointment is in violation of the Articles 14 and 16 of the Constitution of India. Scheme being violative of the equality clause enunciated under the Constitution, it is to be implemented strictly in accordance with the terms and conditions. All appointments are to be made strictly in accordance with the rules. Compassionate appointment is an exception and a concession. Scheme of compassionate appointment is not an absolute right, so also, concession can never be claimed as a matter of right. Excess appointment on compassionate ground would result in inefficiency in public administration. No selection is conducted. Rule of reservation has not been followed. Merit assessments are not made. That exactly is the reason why the Courts have held that the scheme of compassionate appointment is a concession and violative of Articles 14 and 16 of the Constitution of India. No selection procedures are followed for such compassionate appointments, the scheme is restricted by the Government itself in order to provide appointment only to the eligible candidates, who all are able to establish the genuinity to claim compassionate appointment.

6. This Court is of the considered opinion that appointments on compassionate grounds are streamlined by the Government, so as to provide appointment only on genuine ground