Compassionate appointment is an exception to the general rule and must be subject to strict scrutiny of various parameters, including the financial position of the family and the economic dependence on the deceased employee. It cannot be granted after several years and must be implemented strictly in accordance with the terms and conditions stipulated.

ORDER :

The relief sought for in the present writ petition is to direct the respondents to pass appropriate orders on the application submitted by the writ petitioner seeking appointment on compassionate grounds.

2. The petitioner states that his mother was employed as Junior Assistant in the Tamil Nadu Electricity Board and died on 03.02.2009. The petitioner was a minor at the time of death of his mother of the writ petitioner. The petitioner was 12 years old at the time of death of his mother. The father of the writ petitioner also died subsequently.

3. The learned counsel for the petitioner states that since the petitioner was minor and he had not submitted the application for compassionate appointment, within a period of three years from the date of death of his mother. However, the said application was rejected by the respondents on the ground that no application was received within the period of three years.

4. The mother of the writ petitioner died in the year 2009 and now 13 years lapsed. More-so, the petitioner has not submitted an application, within a period three years as stipulated in the terms and conditions of the Scheme of Compassionate Appointment.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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 ma