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V. BHAVANI SUBBAROYAN
K. Arul – Appellant
Versus
State of Tamil Nadu, Rep. by Secretary to Government, Revenue Department, Secretariat, Chennai – Respondent
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
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....
The main legal point established in the judgment is that compassionate appointment claims should not be denied solely on the grounds of delay, especially when the family of the deceased government se....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment is an exception to the general rule and is provided to enable a family to tide over a financial crisis caused by the death of its wage-earner while in service.
Point of law: concept of social justice is the yardstick to the justice administration system or the legal justice and as Respondent pointed out that the greatest virtue of law is in its adaptability....
Compassionate appointment is a concession, not a right, and should be provided in deserving cases in accordance with the scheme's terms and conditions, while considering the efflux of time and recent....
Compassionate appointment is a concession and cannot be claimed as an absolute right. It should be provided only to families genuinely in penurious circumstances, and eligibility should be subject to....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
The main legal point established in the judgment is that a minor can seek compassionate appointment after attaining majority and that the application for compassionate appointment cannot be rejected ....
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