Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable the family of the deceased to overcome a sudden financial crisis.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the first respondent herein dated 05.12.2020 relating to the proceedings in Mu.M.Aa.6/2684/2020, quash the same and consequently direct the respondents to appoint the petitioner in any suitable post on compassionate grounds as per petitioner's education qualification.)

1. The order of rejection dated 05.12.2020 rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present Writ Petition.

2. The father of the writ petitioner one Rajamannar was working as Village Administrative Officer at Srivilliputhur, Virudhunagar District and died on 04.03.1998, while he was in service. The elder brother of the petitioner submitted an application seeking appointment on compassionate ground on 24.09.2001.

3. The learned Special Government Pleader made a submission that the application submitted by the elder brother of the petitioner was considered and the authorities competent directed the elder brother of the petitioner to submit all the original certificates for verification. However, the elder brother of the petitioner had not turned out and thereafter, the petitioner submitted an application on 18.11.2020 seeking appointment on compassionate grounds.

4. As per the scheme of compassionate appointment, once the elder brother of the petitioner has submitted an application seeking compassionate appointment and the Authorities have considered the same, which was not properly pursued by the elder brother of the petitioner, the petitioner, who is the younger son of the deceased employee, cannot submit an application after a lapse of about 22 years from the date of death of the deceased employee.

5. In the present case, the deceased employee died on 04.03.1998 and the petitioner submitted an application on 18.11.2020. It is not as if, one legal heir after another legal heir shall submit the application seeking compassionate appointment. The very purpose and object is to mitigate the circumstances arising on account of the sudden death of the employee.

6. 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.

7. As far as the compassionate appointments are concerned, no selection is conducted, no suitability or eligibility are tested, but persons are appointed merely based on death of an employee. Therefore, compassionate appointment is to be restricted in the interest of the efficient public administration. No doubt, the Government also restricted the compassionate appointment and it is to be extended only to the deserving family and more so, not after a lapse of many years. 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, the lapse of time is also a ground to reject the claim for compassionate appointment. Number of judgments are delivered by this Court and the Government also issued revised instructions for providing compassionate appointment in G.O.Ms.18, Labour and Employment, dated 23.01.2020.

8. Even recently, the Honourable Supreme Court in the case of State of Uttar Pradesh and Others