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R. SURESH KUMAR, K. KUMARESH BABU
Union of India, Represented by the Chief Secretary to Government, Puducherry – Appellant
Versus
Central Administrative Tribunal, Madras Bench, Chennai – Respondent
ORDER :
K. Kumaresh Babu, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records pertaining to the order passed in O.A.No.510 of 2019, dated 09.02.2023 on the file of the Central Administration Tribunal, Madras Bench and Quash the same and pass further orders.)
1. The challenge in the Writ Petition is to an order passed by the Central Administrative Tribunal quashing the order passed by the third petitioner herein, dated 17.11.2018 and consequently directing the petitioners to issue appointment order to the second respondent on compassionate grounds in commensuration of his educational qualification.
2. Heard Mr. R. Syed Mustafa, learned Special Government Pleader appearing for the petitioners and Mr. Prakash Adiapadam, learned counsel appearing on behalf of the second respondent.
3. Mr. R. Syed Mustafa, learned Special Government Pleader appearing for the petitioners would submit that the father of the second respondent died in harness on 05.02.2002. An application for compassionate appointment was made on 05.08.2002. Originally, the said request was rejected by the order dated 15.02.2007, based
The court emphasized the need to consider the claim for compassionate appointment and to address discrepancies in family income within a specified timeframe.
The scheme of compassionate appointment is intended to alleviate immediate penurious circumstances for the family of the deceased employee.
Compassionate appointments are a concession, not an absolute right, requiring adherence to eligibility criteria and assessment of family circumstances.
Compassionate appointments should reflect a fair consideration of individual circumstances rather than solely depend on merit point systems.
The main legal point established in the judgment is that compassionate appointment is intended for families in indigent circumstances due to the sudden demise of the breadwinner, and eligibility is d....
A claim for compassionate appointment cannot be maintained indefinitely if it fails to meet the merit criteria set forth in multiple evaluations.
Compassionate appointment is not a right and must be pursued diligently; significant delays can undermine 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....
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