JUDGMENT :

S.M.SUBRAMANIAM, J.

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 24.08.2021 made in W.P.No.6010 of 2009 and allow this writ appeal.

The scheme of compassionate appointment is an exception. All appointments to the public posts are to be made only under the Constitutional schemes. Compassionate appointment is violative of Articles 14 and 16 of Constitution of India. The scheme was made by the Government in order to mitigate the circumstances arising on account of sudden death of Government employee. Therefore, the scheme must be implemented in its real spirit, so as to provide an employment only to the family in indigent circumstances on account of the death of the breadwinner in the family.

2. Compassionate appointment is not a method of appointment. Scheme being an exception cannot be implemented after lapse of many years. Long delay is a ground to reject the application, since the penurious circumstances aroused on account of the death of an employee would have become vanished. Thus, delay is also to be considered as a ground to reject the application to provide appoint on compassionate ground.

3. Providing efficient public adminis