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IN THE HIGH COURT OF JUDICATURE AT MADRAS
BATTU DEVANAND, J
V. Thavamani – Appellant
Versus
Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for compassionate appointment (Para 1 , 2 , 3 , 4) |
| 2. court observations on procedural delays (Para 5 , 9 , 10 , 12 , 13) |
| 3. arguments on compassionate appointment (Para 6 , 7 , 8) |
| 4. precedents regarding compassionate employment (Para 11 , 14 , 15 , 18) |
| 5. legal precedents emphasize humane approach in compassionate appointments. (Para 16 , 17) |
| 6. order to appoint petitioner (Para 19) |
ORDER :
BATTU DEVANAND, J.
This petition has been filed seeking writ of certiorarified mandamus to quash the 3rd respondent's letter made in No.5890/77/Me.Po/Ka.Mi.Pa.Va/Kallai/Ni.Pi2/Udhavi5/Ko.Vaa.Ve/2023 dated 5/9/2023 and consequently direct the respondents to appoint the petitioner's son namely Gowtham on compassionate ground for the post of Junior Assistant or any other suitable job.
2. It is the case of the petitioner that while the husband of the petitioner worked as a line man in the third respondent office, on 11/6/2016, he died due to ill health. The petitioner made an application to the first respondent on 30/4/2018 requesting to give any job to her elder son namely V.Gowtham, under compassionate appointment. Even though all the necessary documents were produced before t
Compassionate appointment applications by dependents should be evaluated on individual hardship rather than strict adherence to submission timelines.
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 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 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 is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
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: 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....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
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