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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE BATTU DEVANAND, J
S.Murugeshwari – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to Government, Education Department – Respondent
ORDER :
Battu Devanand, J.
This writ petition has been filed seeking a direction to the respondents to provide compassionate appointment to the petitioner on the basis of his educational qualification within a time stipulated by this Court.
2.Learned Counsel for the petitioner would submit that the father of the petitioner who was working as an Office Assistant died in harness on 13.06.2009. He died at the age of 33 years. At the time of death of the petitioner's father, the petitioner was 8 years of age only. He attained majority in the year 2018. He submitted an application to the respondents for compassionate appointment in the month of July 2019, along with relevant certificates requesting to provide compassionate appointment. He also submitted an undertaking given by the mother and grand-mother of the petitioner, stating their no objection to provide compassionate appointment to the petitioner. The Tahsildar of Kujiliamparai issued certificate dated 23.05.2023, for compassionate appointment to the petitioner. The representation of the petitioner was not considered by the respondents till now. Aggrieved by the inaction of the respondents, the present writ petition is filed.
3. lear
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 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.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
Compassionate appointment must be strictly followed in accordance with the relevant schemes and guidelines, and any deviation from the scheme is not permissible.
Compassionate appointment applications by dependents should be evaluated on individual hardship rather than strict adherence to submission timelines.
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.
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