Compassionate appointment is a concession and not a right, and should be strictly implemented in accordance with the prevailing rules and parameters.

ORDER :

The writ of Mandamus has been filed to direct the respondents to consider the representation submitted by the writ petitioner on 31.08.2007 to provide appointment on compassionate ground.

2. The father of the writ petitioner Late Mr.P.Mohamed Meeran was employed as Assistant Executive Engineer in the respondent/Board at Coimbatore and died on 06.08.1989, while he was in service. The petitioner was a minor at the time of the death of his father. The mother of the applicant has not pursued the relief of appointment on compassionate ground. On attaining the age of majority, the writ petitioner submitted an application on 31.08.2007 seeking appointment on compassionate ground. By that time 18 years lapsed from the date of death of the deceased employee.

3. The object of the scheme of compassionate appointment is to mitigate the circumstances arising on account of sudden death of the deceased employee and it is not for the purpose of providing one job for the family of the deceased employee. Thus, the delay in considering the cases for appointment on compassionate ground is also a ground to reject the application.

4. Scheme of compassionate appointment has to be implemented strictly in accordance with the terms and conditions stipulated. Compassionate Appointment Scheme, being a concession, cannot be extended after a lapse of many years. The very purpose and object of the Scheme is to mitigate the circumstances arising claimed as an absolute right. Scheme being an exception, cannot be expanded for the purpose of providing appointment on compassionate grounds in a larger manner. Large scale compassionate appointment would result in infringement of the Fundamental Rights of the eligible citizen, who all are aspiring to secure public employment through open competitive process.

5. Scheme of compassionate appointment being a concession, to be implemented in a restricted manner, so as to provide appointment only to the families, who all are genuinely in penurious circumstances and in this regard, the authorities competent are bound to conduct field inspections and ascertain the imminent circumstances, warranting an appointment on compassionate grounds. It is not as if one appointment is to be granted to the family of the deceased employee and it is not as if every legal heir can submit the application and thereafter, the appointment is to be considered.

6. Once an application is filed by any one of the legal heir of the deceased employee and the said legal heir became ineligible, it is not as if that other legal heir can submit an application irrespective of the length of time. In the event of entertaining such repeated applications for compassionate appointment, the very purpose and object of the scheme would be defeated.

7. The very purpose and object of the scheme of compassionate appointment is to mitigate the circumstances arising on account of the sudden death of an employee. Therefore, the scheme cannot be expanded nor any consideration is to be shown on misplaced sympathy, which would result in denial of Fundamental Right to all other eligible candidates, who all are longing to secure public employment. Thus, the Courts are not expected to grant compassionate appointment on misplaced sympathy. Such sympathy would result in unconstitutionality.

8. Scheme being violative of Articles 14 and 16 of the Constitution of India, since there is no merit assessment of the applicant and there is no application of rule of reservation, there is no other assessment is made for appointment on compassionate grounds. In the event of large scale compassionate appointment, the efficiency level in the public administration will also be in stake. The Rule of Reservation, merit assessment and no other assessment has been made and therefore, the large scale appointments causing inefficiency in public administration, which would result in violations of the Constitution provisions, since the Constitution mandates an efficient public administration.

9. Lap