Compassionate appointment is not a matter of right and can only be granted if the applicant satisfies the eligibility criteria, including the time limit for submitting the application and the minimum age requirement.

JUDGMENT :

D.KRISHNAKUMAR, J.

Challenge in this writ appeal is to the order, dated 01.03.2022, passed in W.P.(MD) No.892 of 2021, whereby and whereunder, the request of the appellant for appointment on compassionate grounds has been rejected.

2. The appellant’s father Arumugam was working as a Wireman in the respondent- Electricity Board. Arumugam died in harness on 16.10.2010, while he was in service. At that time, the appellant’s mother did not submit any application for compassionate appointment. However, only on 21.01.2016, the appellant submitted an application, after a lapse of more than five years, seeking compassionate appointment. Even at the time of submitting application, the appellant was a minor. The said application was rejected by the respondent vide proceedings in Ka.No.022349/475/Ni.A/Ni.P.3/U.3/Koo.Vaa.Velai/2020, dated 28.10.2020, on the grounds that the application for compassionate appointment was not submitted within the prescribed period of three years and the appellant was a minor on the date of submitting application. However, thereafter, on 01.12.2020, the appellant submitted an application once again for compassionate appointment. The said application was also rejected by the respondent vide proceedings in Ka.No.027427/609/Ni.A/Ni.P.3/U.3/Koo.Vaa.Velai/2020, dated 14.12.2020 citing the reasons stated in the earlier proceedings dated 28.10.2020. Challenging the same, the appellant filed W.P.(MD) No.892 of 2021. The Writ Court, after hearing both sides, by order dated 01.03.2022 dismissed the writ petition, on the grounds that the appellant was a minor at the time of submitting application and the application was not made within the prescribed period of three years. Challenging the same, the present writ appeal has been preferred.

3. Learned counsel for the appellant, even though attacked the order passed by the Writ Court on several grounds, strenuously contended that the respondent has rejected the application for compassionate appointment with a delay of four years. Further, since the appellant was a minor at the time of making the first application on 21.01.2016, she submitted another application on 01.12.2020 after attaining the age of majority and therefore, she may be considered for appointment on compassionate grounds.

4. Learned Standing Counsel appearing for the respondent-Electricity Board, on instructions, submitted that the appellant was a minor at the time of death of her father. Normally, application for compassionate appointment would be considered, provided the applicant satisfies the eligibility criteria. In the present case, since the appellant does not satisfy the eligibility criteria, the learned Writ Court has rightly dismissed the writ petition filed by the appellant and it does not warrant any interference of this Court.

5. Heard the learned counsel for the appellant, learned Standing Counsel appearing for the respondent-Electricity Board and perused the materials available on record.

6. The scheme of compassionate appointment was introduced only to mitigate the circumstances arising on account of sudden demise of the Government employee. Appointment under compassionate grounds is neither regular appointment, nor under the constitutional scheme. It is nothing but 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 of the scheme, then alone the scheme can be extended, but not otherwise.

7. The Government has also restricted the compassionate appointments. Providing compassionate appointment after a lapse of many years would not only defeat the purpose and object of the scheme, but also the penurious circumstances arose on account of the sudden death became vanished. Thus, non-eligibility for compassionate appointment is also a ground to reject the claim for compassionate appointment. The Government has also issued