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S. S. SUNDAR, S. SRIMATHY
Commissioner, Madurai Corporation, Madurai – Appellant
Versus
G. Vasuki Bharathi – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 28.05.2020 passed in W.P(MD)No.6493 of 2016 by this Court.)
S.S. Sundar, J.
Challenging the order passed by the learned Single Judge in W.P(MD)No.6493 of 2016 dated 28.05.2020, the above writ appeal is field.
2. Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the appellants and Mr.R.Venkatesan, learned counsel appearing for the respondent.
3. It is represented by the learned counsel appearing on either side that the application was submitted by the minor after attaining majority. However, it is not disputed that the application is belated in the sense that the application filed or renewed by the minor did not attain majority within a period of three years from the date of death of the deceased employee.
4. Though there were different views earlier a Full Bench of this Court considered this aspect in extenso and held that such application beyond three years which do not fall within the scheme for compassionate appointment cannot be considered. In the case of Nandini Dev vs. Secretary to Government in W.P. (MD) Nos.7016 of 2011 and batch of cases, disposed of by judgment dated 11.03.
The scheme of appointment on compassionate ground does not enable the minor to file an application after attaining majority even though her application is beyond the period of three years.
Compassionate appointment applications by minor dependents must be made within prescribed scheme time-limits; failure to adhere bars consideration post-attainment of majority.
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
Compassionate appointment is not a matter of right and can only be granted if the applicant satisfies the eligibility criteria, including the time limit for submitting the application and the minimum....
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