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IN THE HIGH COURT OF JUDICATURE AT MADRAS
BATTU DEVANAND,
M. Vasanth – Appellant
Versus
Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Ltd – Respondent
ORDER :
BATTU DEVANAND, J.
This petition has been filed seeking writ of certiorarified mandamus to quash the 3rd respondent's letter made in Letter No.511/NI Pi II/Vu2/Ko.Va.Vay/18 dated 16.05.2018 and consequently direct the respondents to appoint the petitioner on compassionate ground to any eligible post in the Tamil Nadu Generation and Distribution Corporation Ltd.
2. It is the case of the petitioner that his father Murugesan was employed as wireman in the office of the Assistant Engineer, Vazhapadi, South Section under the control of the third respondent. While he was in service, died on 05.06.2005, leaving behind his wife, daughter, 2 sons and mother as his legal heirs. The petitioner's father was the sole breadwinner of his family and due to his sudden death, a vacuum left in his family. The petitioner's mother immediately made a representation dated 20.01.2006 to the third respondent requesting to provide compassionate appointment to her. In reply, the third respondent vide letter dated 04.04.2006 directed the petitioner's mother to furnish the certificates such as death certificate, educational qualification, legal heirship certificate, indigent certificate, etc., and also di
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 applications by dependents should be evaluated on individual hardship rather than strict adherence to submission timelines.
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 appointment must be strictly followed in accordance with the relevant schemes and guidelines, and any deviation from the scheme is not permissible.
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.
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.
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....
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....
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