Madras High Court
M.Vijayan vs The Commissioner Of Police on 3 February, 2021
W.P.No.2111 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.2111 of 2021
M.Vijayan ... Petitioner
Vs.
1. The Commissioner of Police,
Greater Chennai Police,
Vepery, Chennai 600 007.
2. The Deputy Commissioner of Police (Administration),
Greater Chennai Police,
Vepery, Chennai 600 007. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorarified Mandamus, to call for the records
relating to the impugned orders of the 1st Respondent dated 04.11.2020 made
in Na.Ka.No.Ka.APa.Ni/320/82363/2020 and the consequential order dated
12.01.2021 made in Na.Ka.No.Ka.APa.Ni/320/82363/2020 and to quash the
same and consequently direct the Respondents to provide appointment on
compassionate ground to the Petitioner in the light of the provisional
selection orders dated 22.10.2020 dated 04.11.2020 made in
Na.Ka.No.Ka.APa.Ni/320/82363/2020 and the consequential order dated
12.01.2021 made in Na.Ka.No.Ka.APa.Ni/320/82363/2020, forthwith.
For Petitioner : Mr.C.Prabhakaran
For Respondents : Mr.P.Karthikeyan,
Additional Government Pleader
Page No.1 of 8
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W.P.No.2111 of 2021
ORDER
Petitioner has come up with this Writ Petition seeking to quash the
impugned order dated 04.11.2020 passed by the 1st Respondent and the
consequential order dated 12.01.2021, and for a direction to the Respondents
to provide him appointment on compassionate ground.
2. According to the Petitioner, his father Manokaran, who was
working as Head Constable at M-6, Manali Police Station, passed away on
13.09.2006 due to illness, leaving behind him, the Petitioner and his mother,
brother and sister, as his legal heirs. Initially, the Petitioner's elder brother
viz. M.Diwakar made an application seeking compassionate appointment for
a suitable post, within the prescribed period. As he got married and left the
Petitioner's family, the Petitioner began taking care of his mother.
Thereafter, the Petitioner made an Application before the Respondents for
change of nominee seeking compassionate appointment on account of death
of his father.
3. Pursuant thereto, a provisional selection was made and a call
letter dated 22.10.2020 was issued by the 1st Respondent calling upon the
Petitioner to produce all the documents on 05.11.2020. However, on
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W.P.No.2111 of 2021
04.11.2020, the Petitioner and his mother were directed to be present before
the 1st Respondent. Accordingly, the Petitioner and his mother appeared
before the 1st Respondent and produced all necessary documents. The 1st
Respondent passed the impugned order cancelling the Petitioner's provisional
selection for compassionate appointment and informed him that, only his
elder brother Diwakar is eligible for such appointment, and the latter was
directed to furnish necessary documents.
4. Thereafter, the Petitioner's brother Diwakar appeared before the
1st Respondent on 17.11.2020 and submitted 'No Objection Letter' for
granting compassionate appointment to the Petitioner. Despite the same, the
1st Respondent issued the impugned order rejecting the Petitioner's request
for change of nominee. Hence, having no other alternative, the Petitioner is
before this Court.
5. Heard the learned counsel on either side and perused the
material documents available on record.
6. Admittedly, the Petitioner has not made an Application seeking
compassionate Appointment within the stipulated period of three years and it
is the Petitioner's elder brother, who made such Application. Even though the
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W.P.No.2111 of 2021
Petitioner's brother issued 'No Objection Letter' to the 1 st Respondent for
granting compassionate Appointment to the Petitioner, the fact remains that,
the Petitioner has not made any Application seeking appointment on
compassionate ground to the 1st Respondent within three years from the date
of death of his father. At the time of death of his father in 2006, the
Petitioner was aged 26 years and now, the Petitioner is 41 years.
7. While considering the claim for employment on compassionate
ground, the Apex Court, in the case of Bhawani Prasad Sonkar vs.
Union of India and others reported in (2011 (4) SCC 209), has
discussed about the factors that have to be borne in mind. Relevant portion
of the said judgment is extracted hereunder:
"20. Thus while considering a claim for
employment on compassionate ground, the following
factors have to be borne in mind:
(i) Compassionate employment cannot be made in
the absence of rules of regulations issued by the
Government or a public authority. The request is to be
considered strictly in accordance with the governing
scheme, and no discretion as such is left with any
authority to make compassionate appointment de-hors
the scheme.
(ii) An application for compassionate
employment must be preferred without undue delay
and has to be considered within a reasonable period
of time.
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W.P.No.2111 of 2021
(iii) An appointment on compassionate ground
is to meet the sudden crisis occurring in the family on
account of the death or medical invalidation of the
bread-winner while in service. Therefore,
compassionate employment cannot be granted as a
matter of course by way of largesse irrespective of the
financial condition of the deceased/incapacitated
employee's family at the time of his death or incapacity,
as the case may be.
(iv) Compassionate employment is permissible
only to one of the dependants of the
deceased/incapacitated employee viz. Parents, spouse,
son or daughter and not to all relatives, and such
appointments should be only to the lowest category that
is Class III and IV posts."
8. In a similar circumstance, the First Bench of this Court in W.P.
(MD) Nos.7016 of 2011, batch of cases, by an order dated 11.03.2020, has
held as under:
“13. In the light of the above we find that the
judgment in the case of A. Kamatchi v. The
Chairman, Tamil Nadu Electricity Board, (2013) 2
CWC 758 is not only contrary to the law laid down
in the case of E. Ramasamy v. The Chairman,
Tamil Nadu Electricity Board, (2006) 4 MLJ
1080, but it also has, as indicated by our brother,
Justice Subramonium Prasad, in his judgment,
misconstrued the same. In view of what has been
indicated above we are also of the view that the
period of three years is a rationale and reasonable
period under the relevant Government Orders and
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W.P.No.2111 of 2021
the rules. We may, however, observe that it is open
to the State Government to make any provision for
relaxation of the period in exceptionally rare cases
on the principles as indicated herein above.
14. Where there is a contest between legal
heirs, priority should be given to the one who is
befitting enough to shoulder the responsibility of
destitution of the family. In the event there is a
Court intervention, the orders passed or final
verdict should be adhered to. In the event of mere
pendency, appointment may be given subject to the
outcome of the litigation or any orders passed by
the Court to that effect.”
9. Compassionate appointment shall not be considered as a
backdoor entry and it is based on rules, regulations, guidelines and
Government Orders. However, it should be remembered that compassionate
appointment is not an usual recruitment process and the candidates seeking
such appointment will have to satisfy all the requirements contemplated
under the Rules with regard to age, qualification, etc, but however, it is
subject to relaxation depending upon the circumstances of each case.
10. As the Petitioner herein has not made an Application within the
stipulated period, he is not eligible to the relief sought for in this Writ
Petition. Hence, this Writ Petition stands dismissed as devoid of merits.
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W.P.No.2111 of 2021
No costs. Consequently, connected W.M.P.No.2393 of 2021 is closed.
03.02.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The Commissioner of Police,
Greater Chennai Police,
Vepery, Chennai 600 007.
2. The Deputy Commissioner of Police (Administration),
Greater Chennai Police,
Vepery, Chennai 600 007.
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W.P.No.2111 of 2021
S.VAIDYANATHAN,J.
(aeb)
W.P.No.2111 of 2021
03.02.2021
https://www.mhc.tn.gov.in/judis/
