Compassionate appointment is a concession and not a right, and must be strictly implemented in accordance with the terms and conditions stipulated. It is an exception to the general rule of appointment in public services and cannot be extended after a lapse of many years.

ORDER :

[Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent relating to order in Pro.Na.Ka.No.5085/B2/2015 dated 17.04.2015 and to quash the same and to issue consequential directions to the respondents to give appointment to the petitioner on compassionate grounds in a suitable post commensurate with his educational qualification, by granting necessary relaxation consequent on the retirement of Thiru S.Narayanasamy on medical invalidation while in service as Gardner as Muthurangan Government Arts College, Begayam, Vellore-2.]

1. The order of rejection rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

2. The petitioner states that his father was employed in the Department of Collegiate Education and medically invalidated from service on 18.07.2006. The father of the writ petitioner subsequently died on 20.07.2009. The mother of the writ petitioner was receiving the family pension and the petitioner filed an application in the year 2009 initially and thereafter, on 03.10.2013 seeking appointment on compassionate grounds.

3. The respondents rejected the said application on the ground that as per the Government Order in G.O.Ms.No.168, Labour and Employment Department, dated 19.10.2000, the dependants of the medically invalidated employees are eligible for compassionate appointment only if the employee was invalidated within the age of 53 years.

4. In the present case, at the time of medical invalidation of the deceased employee, the father of the writ petitioner was aged about 59 years and therefore, the petitioner is not eligible for appointment on compassionate grounds.

5. That apart, the father of the writ petitioner was relieved from service on the ground of medical invalidation in the year 2006 and subsequently, he died in the year 2009. In either of the case, the petitioner is not eligible for appointment, since then the date of medical invalidation, the deceased employee crossed 53 years and he died in the year 2009. Therefore, now after this length of time, the Scheme of appointment on compassionate ground cannot be extended by this Court.

6. 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.

7. 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.

8. 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 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.

9. The very purpose and object of the scheme of compassionate appointment is to