Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records connected in Ni.Mu.No.6091/A1/2008 dated 12.11.2009 of the 4th respondent and Moo.Mu.No.39644/J1/2015 dated 10.09.2015 passed by the 1st Respondent quash the same and direct the respondents to appoint the petitioner in any one of the post on compassionate ground.)

1. The relief originally sought for in the present writ petition was amended subsequently and accordingly, the impugned order dated 12.11.2009 and the order passed on 10.09.2015 are under challenge in this writ petition. Further, a direction is sought for to appoint the petitioner on compassionate grounds.

2. The writ petitioner states that his father was working as PG Teacher at Government Boys Higher Secondary School, Tittagudi and he died on 01.12.1991, while he was in service. The petitioner states that on account of the sudden death of his father, the family was in indigent circumstances and his elder sister Mrs. Barani submitted an application to the respondent, seeking Compassionate appointment in the year 1993. No action was taken by the respondents immediately and the elder sister of the writ petitioner got married on 15.09.1994. Thereafter, another sister of the writ petitioner Smt.Valli, submitted an application seeking appointment on compassionate ground on 30.11.1998. The said application was also not considered and she also got married on 10.09.2000.

3. The petitioner during the relevant point of time was a minor, more specifically, at the time of death of his father and after two applications for compassionate appointment was filed by these two sisters, he preferred an application, seeking appointment on 11.02.2002, after a lapse of about 11 years from the date of death of his father.

4. The said application was rejected after a lapse of four years by the District Educational Officer, Virudhachalam on 18.04.2006. The application was rejected on the ground that the family of the writ petitioner was not in indigent circumstances. Challenging the said order, the writ petitioner filed W.P.No.21369 of 2008 and a final order was passed on 19.08.2009, granting liberty to the writ petitioner to approach the respondents for compassionate appointment and in the event of any such application, it is to be considered by the respondents on merits and in accordance with law. Once again, the respondents rejected the application submitted by the petitioner on 12.11.2009 on the ground that the family of the writ petitioner was not in indigent circumstances. The petitioner preferred an appeal before the higher authority and thereafter, on 13.05.2015, again, the petitioner made an appeal to the first respondent and the said appeal was rejected during the pendency of the writ petition on 10.09.2015. Thus, the petitioner amended the relief in the writ petition.

5. The learned counsel for the petitioner mainly contended that the reasons stated in the order impugned passed in the year 2015 is unacceptable, in view of the fact that the penurious circumstances prevailing in the family of the writ petitioner was not properly enquired into. It is contended that the indigent circumstances, which is vital for the purpose of considering the application, seeking compassionate appointment was not scrutinized properly. The family of the writ petitioner is still in penurious circumstances and therefore, the case of the writ petitioner is to be considered for compassionate appointment.

6. The learned counsel for the writ petitioner relied on the judgment of the Hon'ble Division Bench dated 26.11.2019 in W.A.No.4062 of 2019, wherein, the Court directed that the indigent circumstances is to be assessed by conducting a Field verification. Therefore, the case of the writ petitioner is also to be considered for the purpose of conducting Field verification to ascertain the indigent circumstances of the family.

7. The learned Additional Government P