The court emphasized that applications for compassionate appointment should consider the applicant's age and circumstances, particularly when the applicant was a minor at the time of the parent's death.

ORDER :

1. This writ petition has been filed by the petitioner to call for the records of the impugned order of the second respondent in Ni.Mu.No.924/Aa4/2019 dated 27.10.2020 and the consequential impugned order of the third respondent in Ni.Mu.No.275/A1/2022 dated 19.12.2022 and quash the same as illegal and consequently direct the respondents to grant appointment on compassionate grounds to the petitioner in the respondent department.

2. The case of the petitioner is that her mother died in harness on 14.10.2010, while she was working as Middle School Teacher at Panchayat Union Primary School, Ilandhakuttai, Namakkal District, leaving behind the petitioner and her husband as legal heirs. Unfortunately, the petitioner’s father also died on 13.10.2011 and the petitioner was virtually disabled. Therefore, the petitioner applied for compassionate ground appointment on 15.12.2017 and the same was rejected by the respondents 2 & 3 dated 27.10.2020 and 19.12.2022 respectively, on the ground that the petitioner has not submitted the application within a period of three years from the date of death of the Government Servant. Aggrieved over the same, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner’s mother, who was employed as Middle School Teacher died on 14.10.2010, her father also died on 13.10.2011 and the age of the petitioner at the time of her parents death was only 13-14 years. The date of birth of the petitioner is 07.02.1997 and after attaining the majority, she submitted an application before the respondents, seeking compassionate appointment on 15.12.2017. The petitioner has completed her S.S.L.C. in the year 2012 and Higher Secondary in the year 2014. After the demise of her parents, with the help of her aunt, she has completed her bachelor degree course in B.B.A. The petitioner was under the custody of her grand mother and she has also expired.

4. Learned counsel for the petitioner would further submit that on receipt of the petitioner’s application, the third respondent had forwarded the application to the Assistant Primary Educational Officer, Pallipalayam, seeking for certain documents. The Assistant Primary Educational Officer by order dated 19.01.2018 directed the petitioner to submit documents, which the petitioner could not obtain and submit the same, since the documents have to be obtain from various authorities in various places and also due to the reason that she is virtually disabled.

5. Learned counsel for the petitioner would further submit that by proceedings dated 27.10.2020, the second respondent rejected the claim as if the petitioner submitted an application, seeking compassionate ground appointment only on 15.12.2017 and not applied within three years from the date of demise of the Government Servant. Immediately, the third respondent has also passed the impugned order dated 19.12.2022 rejecting the claim for compassionate ground appointment.

6. A counter affidavit is filed by the second respondent on 12.04.2023. Learned Government Advocate appearing for the respondents would submit that the Government in G.O.Ms.No.120, Labour and Employment Department dated 26.06.1995 have stipulated the following conditions to consider the compassionate ground appointment and the same reads follows:

1. The application for appointment on Compassionate ground should be made within three years of the death of government servant.

2.The maximum age limit for such appointment be raised to 50 in the case of widows of the deceased government servants.

3. The Government also insisted the same condition of three years from the date of death of the Government Servants while issuing comprehensive guidelines in G.O.(Ms)No.18, Lahour and Employment (Q1) Department dated 23.01.2020 in the scheme.

7. Learned Government Advocate appearing for the respondents would further submit that the Government had considered the entire scheme of compassionate appointment