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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice J.Sathya Narayana Prasad, J
S. Soundharya – Appellant
Versus
Joint Director of School Education, Chennai – Respondent
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
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 dea....
Compassionate appointment cannot be granted as a matter of right when the application is not pursued within a reasonable time, and the policy of the Government stipulates that the application should ....
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.
The central legal point established in the judgment is that the claim for compassionate appointment cannot be entertained after a considerable period of time since the death of the government employe....
No minimum age limit for compassionate appointment applications; must complete 18 years before appointment; timely initial application not vitiated by deferral.
Compassionate appointment is an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
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