W.P.No.23602 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.23602 of 2022
R.L.Yesuraja .. Petitioner
Vs.
1. The Commissioner,
Chennai Metropolitan,
Ripon Building,
Chennai 600 003.
2. The Superintendent Engineer,
Department of Solid Waste Management,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003. ... Respondents
Prayer: Writ petition filed under Section 226 of the Constitution of
India seeking to issue a writ of Certiorarified Mandamus, calling for
the proceedings of the second respondent Thi.Ka.Mae,Thu.Po.Pa.Sa.Na
Ka.No.A4/30/2015 dated 16.07.2016 and quash the same and further
direct him to appoint the petitioner on compassionate basis as per the
representation dated 02.11.2015.
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W.P.No.23602 of 2022
For Petitioner : Mr.M.Rajasekhar
For Respondents : Mr.S.Gopinath, Standing Counsel
ORDER
This Writ Petition has been filed seeking to issue a Writ of Certiorarified Mandamus, calling for the proceedings of the second respondent Thi.Ka.Mae,Thu.Po.Pa.Sa.Na Ka.No.A4/30/2015 dated 16.07.2016 and quash the same and further direct him to appoint the petitioner on compassionate basis as per the representation dated 02.11.2015.
2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
3. The petitioner's father Mr.R.Lakshmaiah, had worked as Gate Keeper under the second respondent and while he was in service, died on 01.06.2010 leaving behind his wife, two daughters and son (petitioner). The petitioner's mother had given a representation to the first respondent on 04.05.2011 and another representation on 16.05.2013 seeking compassionate appointment to the petitioner. The Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.23602 of 2022 second respondent, vide proceedings dated 06.06.2014 has rejected the claim stating that the petitioner had not completed 18 years, within three years time, from the date of death of his father. After attaining majority, the petitioner had submitted a representation on 02.11.2015, seeking employment under compassionate ground. But, the second respondent had rejected his application vide impugned order dated 16.07.2016. Hence this writ petition.
4. It is an admitted fact that when the father of the petitioner died on 01.06.2010, the petitioner was a minor and he was not eligible for appointment. Therefore, the request of the petitioner's mother dated 04.05.2011 and 16.05.2013 were rejected stating that her son had not attained majority within three years time from the date of death of her husband. Subsequently, the petitioner made a representation on 03.09.2015, i.e. after a period of more than 5 years, seeking appointment on compassionate grounds. It is beyond the prescribed time limit of 3 years.
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5. 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:
“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 9 https://www.mhc.tn.gov.in/judis W.P.No.23602 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 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 Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.23602 of 2022 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 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) and by Judgment dated 03.09.2019, following the decisions of the Honourable Supreme Court, the Division Bench has held that applications for compassionate appointment submitted beyond the period of three years cannot be entertained.Page 6 of 9
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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 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, this writ petition cannot be entertained for appointment under compassionate ground. Therefore, there is no illegality in the impugned rejection order dated 16.07.2016. Accordingly, this Writ Petition is dismissed. No costs.
06.09.2022 Index:Yes/No Internet:Yes/No mst Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.23602 of 2022 To
1. The Commissioner, Chennai Metropolitan, Ripon Building, Chennai 600 003.
2. The Superintendent Engineer, Department of Solid Waste Management, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
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