Compassionate appointment is not a right but an exception to the general rule, to be granted under exceptional circumstances and in accordance with prevailing norms and policies.

ORDER :

The order of rejection passed by the first respondent rejecting the claim of the writ petitioner for compassionate appointment in proceedings dated 18.06.2016, is under challenge in the present writ petition.

2. The petitioner states that his father late Mr.Sammandham, who was working as Village Assistant in Thirumangalam Taluk, Mayiladuthurai, Nagapattinam District, died on 04.06.2009, while he was in service.

3. The petitioner submitted his application for compassionate appointment on 26.05.2010. At the time of submission of the application, the petitioner was aged about 14 years and he is the son of the second wife of the deceased employee.

4. The learned counsel for the petitioner states that the other legal heirs have given consent for considering his case for appointment on compassionate ground.

5. However, the learned Government Advocate, appearing on behalf of the respondents, objected the contentions raised on behalf of the writ petitioner by stating that on the date of submission of the application, the petitioner was a minor and therefore, he is not eligible to get appointment on compassionate ground.

6. That apart, the first application was submitted by the second wife of the deceased employee, which cannot be entertained as per the terms and conditions of the Scheme.

7. In this regard, the respondents have stated the details of the legal heirs of the deceased employee in paragraph-4 of the counter-affidavit, which reads as under:-

“The father of the petitioner Mr.Sammandham had worked as Village Assistant, Thirumangalamam Village, Mayiladuthurai Taluk, Nagapattinam District and died while in service on 04.06.2009, leaving behind the following legal heirs (Age as on the date of issue of Legal Heirship Certificate on 14.10.2009)

8. The Authorities came to understand that the deceased employee has two wives. As per the Government Order issued in G.O.Ms.No.34, Labour and Employment Department, dated 16.04.2002, the legal heirs of the deceased employees through second marriage are not entitled for compassionate appointment.

9. That apart, the petitioner was a minor at the time of submitting the application, seeking appointment on compassionate ground. Further, the deceased employee died in the year 2009 and now 13 years lapsed. In view of the facts and circumstances, the case of the writ petitioner cannot be considered.

10. 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.

11. As far as the compassionate appointments are concerned, no selection is conducted, no suitability or eligibility is tested, but persons are appointed merely based on death of an employee. Therefore, compassionate appointment is to be restricted in the interest of the effic