Compassionate appointments require the applicant to demonstrate a lack of financial support, which was not established in this case given the husband's income.

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 1st respondent in Letter No.3259461/AT2/2022-4, dated 16.03.2023 and for a consequential direction to the respondents to give compassionate appointment to the petitioner in the post of Junior Assistant or any other suitable job.

2.The case of the petitioner is that her mother R.Saraswathy was working as a Nurse in the Government Hospital, Cheyyar. She died on

06.10.2019 due to kidney failure leaving behind the petitioner and her brother M.Vignesh. The further case of the petitioner is that she has studied B.E. and has also passed the typewriting exams. On 15.02.2021, the petitioner applied for a job under compassionate ground to the respondents. The 1st respondent through proceedings dated 16.03.2023 has rejected the claim made by the petitioner seeking for compassionate appointment. Aggrieved by the same, the present writ petition has been filed before this Court.

3.The 1st respondent has filed counter affidavit. In the counter affidavit, it is stated that as such there are no vacancies available and therefore, the request made by the petitioner cannot be considered. A further stand has been taken in the counter to the effect that the petitioner is not suffering from any indigent circumstances and therefore, she is not entitled for being considered for compassionate appointment. This is more so due to the fact that the petitioner's husband is employed in a private enterprise and he is earning nearly a sum of Rs.2,16,000/- per annum. Accordingly, the 1st respondent has sought for dismissal of the writ petition.

4.Heard the learned counsel for the petitioner, learned Additional Government Pleader for respondents 1, 2, 4 & 5 and the learned Special Government Pleader for 3rd respondent.

5.This Court wanted to ascertain the financial status of the family of the petitioner. Initially, it was informed to this Court as if the husband of the petitioner is running a parcel service and is earning sufficiently. In view of the same, this Court sought for a status report and accordingly, the Tahsildar, Cheyyar filed a status report and the relevant portions are extracted hereunder:

“6) It is humbly submitted that since the personal enquiry with the petitioner's husband Thiru.Jeevan revealed that he is only an employee of the M/s.Mettur Super parcel service. The enquiry records relating to the report dated 28.2.2023 already furnished to the second respondent was examined and the examination revealed that when the concerned Village Administrative Officer visited the home of the petitioner the home was found locked and hence he obtained the mobile contact number of the petitioner from the nearby person and contacted the petitioner over phone. The petitioner stated that she was in a far off place and was ready to answer for the queries through phone call itself. During the enquiry by the Village Administrative Officer, the petitioner have informed him that her husband was running a M/s.Mettur parcel service branch in Cheyyar and getting a monthly income of Rs.18,000/-. Accordingly, a report was furnished to the second respondent on 28.2.2023.

7) It is humbly submitted that consequent on the filing of the present writ petition, the independent family circumstances of the writ petitioner has been examined again by conducting personal enquiry with Thiru.Jeevan, the petitioner husband. During the enquiry, Thiru.Jeevan gave a statement that he is only working as a load man in M/s.Mettur Super parcel service, Cheyyar from 07.7.2020 and he is getting a monthly salary of Rs.16,000/- and the above parcel service is having 535 branches all over in Tamil Nadu.”

6.It is now too well settled that compassionate appointment on the ground of death in harness or medical invalidation is permissible only where the person concerned is suffering from indigent circumstances. The basic criteria is to see what is the financial status of the family at the time when the deceased died whil