W.P.No.6728 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.6728 of 2022
Sarath Kumar ... Petitioner
Vs.
1.The Chairman,
TANGEDCO,
No.144, Anna Salai,
Chennai – 2.
2.The Chief Engineer (Personnel),
TANGEDCO,
No.144, Anna Salai,
Chennai – 2.
3.The Superintending Engineer,
Kancheepuram Electricity
Distribution Circle,
TANGEDCO, Kancheepuram District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a writ of Declaration, declaring the rejection of
job assistance on compassionate ground K.No.6092 / Supt. Eng /
Adm.2 / Job Comp. Appt. / 2015 dated 12.01.2015 and K.No.008210 /
Supt. Eng /TVM / Adm.2 / U.4 / Job Comp. Appt. / 2020 dated
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W.P.No.6728 of 2022
30.12.2020 as void and consequently direct the respondent Board to
provide job assistance to the petitioner herein on compassionate ground
by consider petitioner's request for job assistance.
For Petitioner : Mr.R.Manoharan
For Respondents : Mr.P.Subramanian
Standing Counsel
ORDER
This Writ Petition has been filed seeking to issue a Writ of Declaration, declaring the rejection orders dated 12.01.2015 and 30.12.2020 as void and consequently direct the respondent Board to give employment to the petitioner on compassionate ground.
2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022
4. The case of the petitioner in brief:
The petitioner's father late Selvam, while he was in service under the respondent Board, died on 16.02.2013, leaving behind the petitioner, his mother and sister and grand parent and at the time of death of his father, he was aged 13 years. The petitioner's application dated 03.11.2014 seeking employment assistance on compassionate ground was rejected, since he was minor. After attaining majority, he applied on 14.10.2019. However, it was rejected that the application made beyond the period of three years. Hence this writ petition.
5. Admittedly, when his father died on 16.02.2013, the petitioner was a minor and was not eligible for appointment. After a period of nearly 6 years, the petitioner claims appointment on compassionate grounds. It is beyond the prescribed time limit of 3 years. In this regard, it is worthwhile to refer a decision of this Court in Venkatesan versus The Chairman, TNEB, Chennai and others ” in W.P.No.33500 of 2014, dated 11.10.2018, wherein, it has been observed as under:
Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022 “4. This Court is of an opinion that the compassionate appointment is a special scheme and the scheme of compassionate appointment was introduced to mitigate the penurious circumstances arising on account of the sudden death of the Government employee. Thus, the scheme of compassionate appointment must be extended to the legal heirs of the deceased employee to protect their livelihood, immediately after the death of the deceased employee. Thus, the appointment to be granted on compassionate grounds within a reasonable period of three years or atleast within a period of five years. Beyond that, legal presumption would be that the penurious circumstances arising on account of the sudden death of the Government employee became vanished. It is not as if the compassionate appointment can be claimed as a matter of right to provide one appointment to one family of the deceased Government employee. Such a scheme can never be accepted, in view of the fact that the scheme of appointment itself, is in violation of Article 14 and 16 of the Constitution of India. The scheme being a special one was introduced in violation of the constitutional principles. Therefore, the same must be implemented strictly in accordance with the terms and conditions. ....” Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022
6. In fact, there cannot be reservation of a vacancy till such time as the petitioner becomes a major after a number of years, unless there is some specific provisions. The very basis of compassionate appointment is to see that the family gets immediate relief. In this regard, it is worthwhile to refer to a decision reported in State of Manipur Vs. Md.Rajaodin reported in (2003) 7 SCC 511, wherein the Hon'ble Supreme Court, in paragraph 11 of its judgment, held as under:-
“In Smt. Sushma Gosain and others vs. Union of India and others (1989 (4) SCC 468) it was observed that in all claims of appointments on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread-earner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress.
The fact that the ward was a minor at the time of death of his father is no ground, unless the scheme itself envisage specifically otherwise, to state that as and when such Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022 minor becomes a major he can be appointed without any time consciousness or limit. The above view was re- iterated in Phoolwati (Smt.) vs. Union of India and others (1991) Supp. (2) SCC 689) and Union of India and others vs. Bhagwan Singh (1995 (6) SCC 476). In Director of Education (Secondary) and Anr. vs. Pushpendra Kumar and others (1998 (5) SCC 192) it was observed that in matter of compassionate appointment there cannot be insistence for a particular post. Out of purely humanitarian consideration and having regard to the fact that unless some source of livelihood is provided the family would not be able to make both ends, meet, provisions are made for giving appointment to one of the dependants of the deceased who may be eligible for appointment. Care has, however, to be taken that provision for ground of compassionate employment which is in the nature of an exception to the general provisions does not unduly interfere with the right of those other persons who are eligible for appointment to seek appointment against the post which would have Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022 been available, but for the provision enabling appointment being made on compassionate grounds of the dependent of the deceased employee. As it is in the nature of exception to the general provisions it cannot substitute the provision to which it is an exception and there nullity the main provision by taking away completely the right conferred by the main provision.”
7. The identical issue came up before the Honourable Division Bench of this Court in W.A.No.1749 of 2019 (Sudhanthira Devi vs. The State of Tamil Nadu and others) [in the said Judgment, myself (DKKJ) is one of the member] and the Division Bench, by Judgment dated 03.09.2019, following the decisions of the Honourable Supreme Court, has held that applications for compassionate appointment submitted beyond the period of three years cannot be entertained.
8. Therefore, the scheme of providing compassionate appointment can be extended only to eligible member of the family and not to an ineligible person. Scheme has not been framed to provide Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022 employment assistance as and when the son or daughter of the deceased employee attains majority. Under the scheme, the department is not obligated to keep any post vacant, till the applicant attains majority or to consider his candidature on attaining majority. Scheme only enables those who are eligible and satisfy all the eligibility criteria including age, within three years from the date of death.
9. In the light of the above decisions supra, no relief can be granted, as there is no illegality in the impugned rejection orders dated 12.01.2015 and 30.12.2020. Accordingly, this Writ Petition is dismissed. No costs.
24.03.2022 Index:Yes/No Internet:Yes/No mst To
1.The Chairman, TANGEDCO, No.144, Anna Salai, Chennai – 2.
2.The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai – 2.
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3.The Superintending Engineer, Kancheepuram Electricity Distribution Circle, TANGEDCO, Kancheepuram District.
Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.6728 of 2022 D. KRISHNAKUMAR, J.
mst W.P.No.6728 of 2022 24.03.2022 Page 10 of 10 https://www.mhc.tn.gov.in/judis