Compassionate appointment valid if applied within time despite processing delays due to genuine medical hardship.

(Judgment of the Court was delivered by N.Senthilkumar J.)

This intra court appeal has been filed challenging the order passed by the Writ Court in WP.No. 31958/2023 dated 13.2.2025.

2.In view of the order that is going to be passed in this Appeal at the admission stage, notice to the respondents is dispensed with.

3.The case of the respondents/writ petitioners is that the husband of the 1^st petitioner viz., Mr.R.Kumaravelu, who was serving as Under Secretary to Government in the Public (Election) Department died on 17.04.2011, leaving behind the respondents. After his demise, the 1^st respondent/1st writ petitioner applied for compassionate appointment on 11.05.2011. Thereafter, she met with an accident, suffered a head injury, and her health deteriorated. The appellants, through letters dated 10.08.2011, 10.09.2011, 02.11.2011, 27.07.2012, 18.11.2013 and 08.05.2014, called upon the 1^st Respondent to submit original certificates to process her application for compassionate appointment. Due to her medical condition, she could not comply with the same. The 1^st respondent has approached the appellant vide letter dated 24.10.2013 requesting post of a teacher or consider to appoint her son/2nd respondent on compassionate ground, the same was rejected and a request was made to submit documents through letter dated 18.11.2013 and she failed to do so. Thereafter, by letter dated 08.08.2014, she was intimated that her application was not processed for want of documents. After attaining majority, the 2^nd petitioner who is the son of deceased, submitted a representation seeking compassionate appointment on 28.06.2017. The said request was rejected on the ground that the said application was not made within a period of three years from the date of death of the government servant.

4.The Writ Court, upon considering the facts and circumstances of the case, observed that the 1^st respondent/writ petitioner had submitted her application well within the prescribed period of three years as per G.O. Ms. No.18 dated 23.01.2020 and accordingly directed the appellants herein, to consider the claim of the respondents/writ petitioners in the light of G.O.Ms.No.33 dated 08.03.2023.

5.The very object of providing compassionate appointment is to reduce the financial hardship faced by the family of a deceased Government employee upon the demise of their sole breadwinner. The Writ Court has rightly taken into account the genuine circumstances of the respondents/writ petitioners, which is a medical ground and that factum rightly considered by the writ Court. We find no reason to interfere with the order passed by the Writ Court.

6.Accordingly, the writ appeal is dismissed, with a direction to the appellants to comply with the order of the Writ Court, within a period of two months from the date of receipt of a copy of this judgment. No costs.