Dismissing a petition seeking appointment on compassionate grounds, the Madurai Bench of the Madras High Court observed that if the compassionate appointment was treated as one more source of recruitment, then it will be violative of the Article 16 (Equality of opportunity in matters of public employment) of the Constitution.
The court was hearing a petition filed in 2017 by D. Sivakumar of Tiruchi. The father of the petitioner died in 2001 while he was in service in Tangedco. The petitioner was aged 10 at the time. He made an application seeking appointment on compassionate grounds after he became a major. However, the request was turned down. He challenged the rejection.
Relying on government orders, Justice M. Dhandapani observed that before August 23, 2005, even a person who had not attained the age of 18 was entitled to make an application to seek appointment under compassionate grounds. However, it was clarified that after the said date only those who had completed 18 years could make the application.
In the present case, the petitioner submitted the application in 2009 after he became a major in 2008. The scheme provides that the application has to be submitted by legal heirs within three years from the date of death of the employee. Therefore, in the present case, the application was made beyond the limitation period and the petition could not be entertained.
The purpose of providing employment on compassionate basis is to mitigate the hardship of the family due to the death of the employee. Therefore, it has to be provided immediately to ensure that the family tides over the sudden crisis.
The dependent of the deceased cannot be permitted to convert a tragedy into a bonanza, the judge said. It is already settled by decisions of the Supreme Court that appointment on compassionate basis is a concession given by an employer to help the family of the deceased who died in harness to get over immediate financial crisis, the court said.
