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D. KRISHNAKUMAR, KUMARESH BABU
M. Arunbalaji – Appellant
Versus
Government of Tamil Nadu, Rep by its Principal Secretary to Government School Education Department, Fort St. George, Chennai – Respondent
JUDGMENT :
D.Krishnakumar, ACJ.
Aggrieved by the order passed by the writ court in W.P.No.20072 of 2021, dated 21.09.2021, the present writ appeal has been filed by the appellant.
2. Before adverting to the submissions made by learned counsel for the parties, a brief reference to the relevant facts is necessary:
2.1 The appellant's mother, Tmt. R. Kasturi, died on 30.12.2012 while serving as the Headmistress at Panchayat Union Elementary School, T. Sanarpalayam, Mulanur Panchayat Union, Trippur District. Following her death, the appellant, the son of the deceased, made an application to the authorities seeking compassionate appointment. The appellant was 17 years old at the time of making the said application. The District Educational Officer (the 4th Respondent) returned the appellant's proposal with queries on 23-10-2014, which was resubmitted by the 5th Respondent on 16-06-2015 after correcting the defects. This process of returning and resubmitting the application occurred till the year 2017. On 28-06-2017, the appellant attended an enquiry as requested by the 4th Respondent through a communication dated 21-06-2017.
2.2 On 01-12-2020, the Chief Educational Officer, Tiruppur (the 3rd
Compassionate appointment applications must be processed timely, and age eligibility should consider circumstances where applicants reach the required age within the application period.
Compassionate appointments must be processed promptly, and undue delays can unjustly affect eligibility, warranting compensation for affected applicants.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
Compassionate appointment claims must be made promptly; significant delays undermine eligibility and the purpose of immediate relief.
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 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 appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
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