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G. CHANDRASEKHARAN
G. Mohana Priya – Appellant
Versus
State of Tamil Nadu, Rep. by the Commissioner & Director, Chennai – Respondent
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order issued vide Na.Ka.No.31926/M4/09 dated 22.12.2009 issued by the Commissioner, Fisheries Department, Teynampet, Chennai – 6, the first respondent herein and to quash the same and consequently direct the respondents 1 and 2 to consider and appoint the applicant in any suitable post on compassionate grounds.)
1. This Writ Petition has been filed to call for the records pertaining to the impugned order issued vide Na.Ka.No.31926/M4/09, dated 22.12.2009, issued by the Commissioner, Fisheries Department, Teynampet, Chennai – 6 and to quash the same and consequently direct the respondents 1 and 2 to consider and appoint the applicant in any suitable post on compassionate grounds.
2. The learned counsel for the petitioner submitted that petitioner’s father R.Gnanasekaran was employed as Junior Engineer in the office of the Fisheries Department. He died on 01.01.1998 while in service. Petitioner's mother predeceased her father on 20.09.1989. At the time of her father’s death, she was aged about 11 years and her b
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 appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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 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 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 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.
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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