Compassionate appointment is an exception to the general rule of appointment in public services and is in favor of the dependents of a deceased employee who left his family in penury. The appointment is aimed at providing gainful employment to the dependents to tide over the sudden crisis, and the entitlement is determined based on the circumstances of the death and the time elapsed since the death.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent in Na.Ka.31917/2012/A4 dated 18.08.2018 and quash the same and direct the respondents to appoint the petitioner on compassionate grounds in any suitable post commensurate with his qualification and eligibility within a limited time frame.)

1. This Writ Petition has been filed to call for the records on the file of the 2nd respondent in Na.Ka.31917/2012/A4 dated 18.08.2018 and quash the same and direct the respondents to appoint the petitioner on compassionate grounds in any suitable post commensurate with his qualification and eligibility within a limited time frame.

2. The brief facts of the case of the petitioner are as follows:

i) The petitioner''s father who was working as Village Assistant at Settrapatty Village died in harness on 18.05.1996 leaving behind his widow, three sons and a daughter in dire straits. Immediately thereafter, the petitioner''s mother had applied for compassionate appointment to his elder brother Tr.K.Anbalagan to the said post. The 4th respondent herein, by his proceedings 7065/96 dated __.07.1996 informed Tr.K.Anbalagan that in view of the ban on appointment, the filling up of the post of Village Assistant shall have to wait for Government orders and directed his brother to make fresh representation on receipt of any such Government order. The 3rd respondent herein, by his proceedings Om.7052/96/C1 dated 02.08.1996, had informed that there is no scope for compassionate appointment to the post of Village Assistant on compassionate grounds, as appointment to the said post itself barred by the Government.

ii) In the meanwhile, the 1st respondent herein in G.O.Ms.No.362, Revenue (Per.7.2) Department dated 07.07.1999 had stated that the legal heirs of those Village Assistants, who services are regularised and who died in harness after 01.06.1995 are only eligible for compassionate appointment. In pursuance of the said Government order, the 4th respondent herein, by his proceedings Na.Ka.No.6199/99/A3 dated 29.11.1999 had informed that though the petitioner''s father died on 18.05.1996 (after 01.06.1995), his services has not been regularised in the post of Village Assistant and hence, in accordance with the above Government order, he is not eligible for compassionate appointment.

iii) Thereafter, the 4th respondent herein, in pursuance of G.O.Ms.No.625, Revenue Department dated 06.07.1995, issued Na.Ka.No.7838/99/A3 dated __03.2001, regularising the services of 86 Village Assistants in Harur Taluk w.e.f. 01.06.1995. The services of petitioner''s father Tr.Kullu @ Muniyampadi, Village Assistant of Settrapatti Village, was also regularised w.e.f. 01.06.1995 in and by the said proceedings, in which, his name is placed at Sl.No.62. Thus, the only impediment against the grant of compassionate appointment to the petitioner''s elder brother had also been wiped away. Even thereafter, his case was not considered, despite various representations. After lapse of several years, his brother''s case was processed and the 4th respondent in and by his consolidated certificate for grant of compassionate appointment dated 26.11.2010 had recommended for grant of compassionate appointment to Tr.Anbalagan. However, the 2nd respondent herein in and by his proceedings dated 21.01.2011, had surprisingly informed that his mother Tmt.Muniammal had applied for compassionate appointment only on 13.01.2000 and as if Tr.Anbalagan had for the first time applied for compassionate appointment on 28.09.2010 and hence, held that the application is time barred and rejected the same.

iv) Immediately, it was pointed out to the 2nd respondent that the application was made immediately after the demise of his father. Thereafter, the 2nd respondent issued one other proceedings in Na.Ka.No.