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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Union of India – Appellant
Versus
S.Balaji – Respondent
| Table of Content |
|---|
| 1. petitioners challenge tribunal's granting of compassionate appointment. (Para 1 , 2) |
| 2. case revolves around the rejection of a compassionate appointment application. (Para 4 , 5 , 11) |
| 3. previous approvals for compassionate appointment considered. (Para 6 , 12 , 18) |
| 4. tribunal's decision points to inconsistencies in application of merit system. (Para 7 , 10 , 21) |
| 5. court affirms tribunal's decision of granting compassionate appointment. (Para 22 , 23) |
JUDGMENT :
P.VELMURUGAN, J.
The present Writ Petition has been filed by the petitioners challenging the order dated 12.07.2023 passed by the Central Administrative Tribunal, Madras Bench in O.A.No.149 of 2021, by which the Tribunal allowed the Original Application filed by the respondent and set aside the order passed by the Department rejecting the respondent’s claim for appointment on compassionate grounds.
2. The brief facts leading to the filing of the present writ petition are that the respondent is the son of a deceased employee who was working in the Department of Posts. The respondent’s father died while in service on 01.07.1993, leaving behind the family. Following the death of the employee, the family sought ap
Compassionate appointments should reflect a fair consideration of individual circumstances rather than solely depend on merit point systems.
Compassionate appointment claims cannot be perpetually revisited if merit point criteria are not met.
Compassionate appointments are a concession, not an absolute right, requiring adherence to eligibility criteria and assessment of family circumstances.
Compassionate appointment is not a vested right and is subject to strict compliance with procedural criteria including merit evaluations and vacancy availability.
A claim for compassionate appointment cannot be maintained indefinitely if it fails to meet the merit criteria set forth in multiple evaluations.
Compassionate appointment cannot be claimed as a matter of right and is subject to strict scrutiny of various parameters, including the financial position of the family, as per prevailing government ....
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
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