The central legal point established in the judgment is the eligibility of near relatives of deceased government servants for compassionate appointment, emphasizing the need to consider the distress of any family member of the deceased government servant.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 2nd Respondent in its proceedings in Na.Ka.No.701/2019 dated 11.11.2022 and quash the same as illegal and incompetent and also directing the Respondents to appoint the Petitioner as Sanitary Worker on compassionate appointment in the Kotagiri Town Panchayat.)

This Writ Petition has been filed challenging the rejection order passed by the 2nd Respondent, rejecting the request of the Petitioner for Compassionate Appointment.

2.(a) The Writ Petitioner is the grand daughter of one Mr. Sundaram. He worked as a Sanitary worker in the Kotagiri Special Grade Town Panchayat and he died in harness on 17.11.2017. It is the case of the Petitioner that she was all along under the care and custody of her grandfather since her mother has already died and father abandoned her. After the death of the grandfather, the Petitioner moved back to Kotagiri along with her husband to take care of her grandmother. As she could not work due to her old age, she has nominated the Petitioner to take up the Compassionate employment.

2.(b) Even in the year 2014, by a letter dated 03.07.2014, her grand father has submitted a letter to the Executive Officer to nominate the Petitioner as 2nd nominee in the Service Register. Accordingly, the Petitioner and the grandmother shown as nominees. After the death of her husband, the grandmother of the petitioner submitted an application to the Executive Officer to provide the petitioner legal heir job on compassionate appointment. On 24.10.2018, the Petitioner also made a separate application. However, no reply has come for both applications. On 22.09.2020 the Petitioner''s grandmother gave representations to the Additional Director. The Petitioner had also made several representations, but there was no reply from the Respondents. Finally on 11.11.2022 the impugned order has been passed rejecting the Petitioner''s application. It is the contention of the Petitioner that the Petitioner is eligible to be appointed on the compassionate ground as per G.O.Ms.No.18, Labour and Employment Department (Q1) dated 23.01.2020. Hence, the impugned order has been challenged in the Writ Petition.

3. In the counter it is the stand of the Respondent that as per G.O.Ms.No.18 Labour and Employment Department (Q1) dated 23.01.2020 the Petitioner is not eligible to be appointed under the compassionate ground appointment. Petitioner is married on 20.08.2015 and has separate matrimonial home. Hence, the Petitioner is not entitled for compassionate appointment as per rules in force.

4. Learned Senior Counsel appearing for the Petitioner would mainly submit that as per the G.O.Ms.No.18 Labour and Employment Department (Q1) dated 23.01.2020, the petitioner being the nominee, is entitled to appointment on compassionate ground. It is the contention of the learned Senior Counsel that the Petitioner has admittedly shown as nominee of the Government servant, who worked as Sanitary worker under the 2nd Respondent. As per the G.O.Ms.No.18, the petitioner is certainly entitled to consider for compassionate appointment.

5. It is relevant to note that the compassionate appointment is not a recruitment process. It cannot be claimed as a matter of right. It is the scheme devised by the Government to help the needs of the legal heirs whose lives are at distress after the demise of Government servant in harness.

6. The Petitioner admittedly married and was living in her matrimonial home prior to the death of her grandfather. It is the contention that only after the his death she moved to the grandmother place in order to help her. It is relevant to note that as per the scheme of the Government, Son/Unmarried Daughter/Husband/legally adopted son/legally unmarried adopted daughter/widowed daughter/ divorced daughter/ deserted daughter of the deceased Government servant are ent