Madras High Court
M.Sukumar vs The Director Of Health Services on 18 January, 2021
W.A.(MD)No.152 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE M.M.SUNDRESH
W.A.(MD)No.152 of 2019
M.Sukumar .. Appellant
Vs
1.The Director of Health Services,
Office of the Director of Health Services,
Chennai.
2.The Deputy Director of Health Services,
Office of the Deputy Director of Health Services,
Sivagangai,
Sivagangai District. .. Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the
order dated 28.11.2018 made in W.P.(MD)No.23565 of 2018.
For Appellant : Mr.C.M.Arumugam
For Respondents : Mr.N.Shanmugaselvan
Addl. Government Pleader
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W.A.(MD)No.152 of 2019
JUDGMENT
[Judgment of the Court was delivered by
THE HON'BLE CHIEF JUSTICE]
There does not appear to be any cause to interfere with the judgment
and order impugned dated November 28, 2018, passed on a case pertaining
to compassionate appointment.
2. According to the writ petitioner - appellant, his mother died on
November 22, 2011 and at that time, the petitioner was only fifteen years
old. Apparently, the writ petitioner's father made an application on behalf of
the writ petitioner to keep his chance alive till he attained majority. It was
the subsequent rejection of the prayer for compassionate appointment, upon
the writ petitioner attaining majority, that was challenged by way of a
petition under Article 226 of the Constitution of India.
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W.A.(MD)No.152 of 2019
3. Adequate reasons have been indicated in the impugned judgment.
For one, the writ petitioner may not have been eligible to obtain the benefit
of compassionate appointment, since the writ petitioner's father, who might
have been employed, was there to provide for the family. Further, the writ
petitioner's elder brother, who was a major at the time of the mother's death,
was also available. In such circumstances, to reserve the post for the writ
petitioner to attain majority and in future, claim the same would be
impermissible.
4. It is elementary that compassionate appointment is a rather weak
right and an exception to the general rule. The primary basis for such
exception is that upon the untimely death of the breadwinner of the family,
the family is provided succour by giving appointment to any other eligible
member thereof. Once it is seen that there were other members of the family
who were already earning and the family was not thrown out of gear, so as
to say, upon the death of the concerned employee, the principle of granting
compassionate appointment would not apply.
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W.A.(MD)No.152 of 2019
5. For the reasons aforesaid, there is no merit in the appeal.
Accordingly, W.A.(MD)No.152 of 2019 is disposed of. There will be no
order as to costs.
(S.B., CJ.) (M.M.S., J.)
18.01.2021
Index : Yes/No
Internet : Yes/No
smn2/gk
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To:
1.The Director of Health Services,
Office of the Director of Health Services,
Chennai.
2.The Deputy Director of Health Services,
Office of the Deputy Director of Health Services,
Sivagangai,
Sivagangai District.
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http://www.judis.nic.in
W.A.(MD)No.152 of 2019
The Hon'ble Chief Justice
and
M.M.Sundresh, J.
(smn2/gk)
W.A.(MD)No.152 of 2019
18.01.2021
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