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R. SURESH KUMAR, K. KUMARESH BABU
K. Saraswathy – Appellant
Versus
Union of India, Rep. , by its Chief General Manager, BSNL, Tamil Nadu Circle, Chennai – Respondent
JUDGMENT :
K. Kumaresh Babu, J.
(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records of the Central Administrative Tribunal Chennai Bench dated 14.02.2023 in O.A.No.310/00179/ 2019 and quash the same and consequently, direct the respondents to appoint the petitioner on compassionate grounds in any suitable post commensurate with her educational qualification.)
1. This Writ Petition had been preferred by the unsuccessful applicant wherein the challenge to the order passed by the first respondent dated 26.12.2018, was rejected thereby the consequential prayer sought for an appointment on compassionate ground has also been rejected.
2. Heard Mr. V. Vijayshankar, learned counsel appearing for the petitioner.
3. The learned counsel appearing for the petitioner would submit that the petitioner's father died in harness on 29.11.1999 and that even during the lifetime of her father, the mother had permanently deserted the matrimonial home. At the time of death of the father, she was only eight (8) years old and thereafter, she had been under the custody and care of her relatives on the paternal side,
The scheme of compassionate appointment is intended to alleviate immediate penurious circumstances for the family of the deceased employee.
The rejection of an application for appointment under compassionate ground after a long period and the interpretation of relevant government orders.
Compassionate appointment is a concession and should be restricted to genuine cases of penurious circumstances. Efflux of time can be a ground for rejecting the claim.
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....
Compassionate appointment should be strictly in accordance with the relevant Government Orders and the scheme framed for the purpose by the employer, and it is intended to alleviate the financial har....
Compassionate appointment should strictly adhere to relevant Government Orders and schemes, and is intended to alleviate the financial hardship faced by the family of the deceased breadwinner.
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 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.
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