The Managing Director vs J.Raja
2023 Latest Caselaw 14181 Mad

                                                                             W.A.(MD)No.1926 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 03.11.2023

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                AND
                              THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                             W.A.(MD)No.1926 of 2023
                                         and C.M.P. (MD) No.14935 of 2023

                     1. The Managing Director,
                        Tamilnadu State Transport Corporation (Kumbakonam) Ltd.,
                        Kumbakonam.

                     2. The General Manager,
                        Tamilnadu State Transport Corporation (Kumbakonam) Ltd.,
                        Trichy Region, Trichy.                   ...Appellants/Respondents

                                                        -Vs.-

                     J.Raja                                       ...Respondent/Petitioner
                     PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 31.07.2023 made in W.P.(MD)No.13898 of 2022
                     on the file of this Court.
                                           For Appellants    : Mr.A.Kannan
                                                        ****
                                                 JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

We are inclined to entertain the present intra-Court appeal

instituted by the Tamilnadu State Transport Corporation, since the

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1926 of 2023

direction issued to the appellants to provide compassionate appointment

within a period of 12 weeks has been raised as an objection by the

learned counsel appearing on behalf of the appellants.

2. Compassionate appointment is not an absolute right, but a

concession. All appointments are to be made strictly in accordance with

the recruitment rules in force and under the Constitutional Scheme.

Compassionate appointments being violative of Articles 14 and 16 of the

Constitution of India, the Scheme is to be implemented scrupulously

following the terms and conditions stipulated therein. The eligibility

criteria, penurious circumstances and other relevant factors are to be

ascertained for the purpose of providing appointment on compassionate

grounds. More so, compassionate appointments are to be granted based

on the seniority of the persons who all are waiting to secure appointment

on compassionate grounds. Issuing a direction to appoint a candidate on

compassionate grounds within a time limit would infringe the rights of

the other candidates who all are already waiting to secure appointment

and the same would result in discrimination. The senior candidates would

also approach the Court for such directions and in such circumstances,

the authorities may not be in a position to provide compassionate

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1926 of 2023

appointments to all the candidates since limited number of posts are

reserved for appointment on compassionate grounds.

3. In the present case, the respondent has submitted an

application within the time limit and therefore, the application is to be

considered by the competent authority in accordance with the scheme

and by following the procedures as contemplated. Thus, the case of the

respondent is directed to be considered under the terms and conditions

stipulated and in the order of seniority and subject to availability of

vacancies reserved for compassionate appointments.

4. With these modifications in the order impugned dated

31.07.2023, passed in W.P.(MD) No.13898 of 2022, the Writ Appeal

stands disposed of. No costs. Consequently, connected Miscellaneous

Petition is closed.

                                                            [S.M.S.J.,] &       [R.K.M.J.,]
                     NCC          :Yes/No                              03.11.2023
                     Index        :Yes/No
                     SJ




https://www.mhc.tn.gov.in/judis
                                          W.A.(MD)No.1926 of 2023


                                  S.M.SUBRAMANIAM, J.
                                                AND
                                      R.KALAIMATHI, J.

                                                             SJ




                                  W.A.(MD)No.1926 of 2023




                                                  03.11.2023


https://www.mhc.tn.gov.in/judis