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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
G. Bhuvaneshwari, D/o. R.Gunasekarn – Appellant
Versus
Chief Engineer (personnel) Tamil Nadu Generation and Distribution Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. facts and chronology of compassionate appointment request and statutory rejection. (Para 1 , 2) |
| 2. full bench decision and subsequent judgments on timely application for dependents. (Para 3 , 4 , 5) |
| 3. tangedco proceedings and supreme court observations on immediate relief and delay. (Para 6 , 7 , 8) |
| 4. application of principles leading to dismissal on ground of delay. (Para 9 , 10) |
ORDER :
Mohammed Shaffiq, J.
1.The present Writ Petition is filed challenging the impugned order dated 10.06.2020, whereby petitioner’s request for appointment on compassionate basis was rejected on the premise that there was considerable delay in the submission of the application by petitioner.
2. Petitioner’s father was working as a Business Assistant in EB Office. He died due to illness on 07.12.2000, after rendering 13 years of service. Petitioner’s mother applied for compassionate appointment on 29.10.2002, however, the same came to be rejected on 10.01.2005 on the premise that she did not possess the requisite qualification of passing 8th Standard. Petitioner’s mother, subsequently, completed 8th Standard and submitted fresh application, which was kept pending. Petitioner was about thr
Compassionate appointment applications by minor dependents must be made within prescribed scheme time-limits; failure to adhere bars consideration post-attainment of majority.
The scheme of appointment on compassionate ground does not enable the minor to file an application after attaining majority even though her application is beyond the period of three years.
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 appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
Compassionate appointment is not a matter of right and can only be granted if the applicant satisfies the eligibility criteria, including the time limit for submitting the application and the minimum....
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