Compassionate appointment applications by minor dependents must be made within prescribed scheme time-limits; failure to adhere bars consideration post-attainment of majority.

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 8^th Standard. Petitioner’s mother, subsequently, completed 8^th Standard and submitted fresh application, which was kept pending. Petitioner was about three years old when her father passed away. She has a brother who is mentally challenged. On 20.02.2015, petitioner submitted an application, which came to be rejected on 10.06.2020 on the premise that the application was filed after a delay of about 15 years from the date of death of her father.

3. The short question that arises for consideration is whether it is open to a candidate, who was a minor at the time of the death of the employee, to take out an application on attaining majority or is it necessary that even in the case of minor candidate, application must be made within three years from the date of death of the deceased employee. This issue has been resolved by the Full Bench of this Court in the case of Periyaraj vs. State rep. by The Chief Secretary, in W.A.(MD).No.1435 of 2023 dated 05.09.2023.

4. The above judgment of the Full Bench has since been followed by a learned Judge of this Court in W.P.No.23314 of 2023 dated 12.06.2024 and the said order is extracted hereunder:

“This Writ Petition is filed, challenging the order of the 2nd respondent dated 13.03.2023, whereby the application filed by the petitioner for compassionate appointment was rejected.

2. The petitioner’s father was employed as Mazdoor in the respondent Corporation and he died while in service on 19.06.2012. As application for compassionate appointment was made in respect of the petitioner’s mother and the same was rejected on 05.10.2015. Thereafter, the said matter was not pursued. Again, when the petitioner attained majority as on the year 2023, a fresh application is made on 08.03.2023 for providing compassionate appointment for the petitioner. The same is rejected by the impugned order and hence the Writ Petition.

3. The learned counsel for the petitioner would submit that when the application was made earlier within a period of three years by the petitioner’s mother, the same was rejected. Now, the petitioner attained majority and immediately after obtaining majority, he submitted an application for compassionate appointment and the respondents ought to have considered the same on merits and ought not to have rejected the same on the ground of delay. He would rely upon the Judgment of this Court in G.Vinod Kumar Vs. Director of Medical and Rural Health Services and Family Welfare and Ors., MANU/TN/0177/2023 and another Judgment in M.Uma Vs.The Chief Engineer (Personnel), TNEB and Ors., (W.P.No.4050 of 2006 dated 29.06.2010)

4. This issue is no longer res integra, since the issue was referred to the Full Bench of the Court and the Full Bench has held that unless the candidate attains majority within three years from the date of death of the deceased employee, an application thereafter made is not maintainable. Useful reference can be made in Periyaraj vs. State rep.by its C