Madras High Court
A.Emmanuvel vs The Director on 21 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD)No.470 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.470 of 2023
A.Emmanuvel ... Appellant
Vs.
1.The Director,
Department of Public Health and Preventive Medicine,
No.359, Anna Salai, Chennai-6.
2.The Deputy Director,
Health Services & Family Welfare Department,
Aranthangi, Pudukkottai District. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.10928 of 2022, dated 11.11.2022 on the file of
this Court.
For Appellant : Mr.A.Aruljenifer
For Respondents : Mr.R.Baskaran,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,
Special Government Pleader
1/6
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W.A.(MD)No.470 of 2023
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The order dated 11.11.2022 passed in W.P.(MD)No.10928 of 2022 is
sought to be quashed in the present Writ Appeal.
2.The appellant instituted the Writ proceedings challenging the order of
rejection dated 11.03.2022 on the ground that the step mother of the appellant was
employed in Government services at the time of the death of the father of the
appellant. The father of the appellant was also a Government employee died on
21.07.2008, while he was in service. Admittedly, an application was submitted on
07.05.2009 and the impugned order of rejection was passed on 11.03.2022.
3.The learned counsel appearing for the appellant mainly contended that
the scheme of compassionate appointment provides a scope to consider the claim
of the appellant on the ground that the step mother is not maintaining the family.
However, the learned Single Judge has not considered this aspect and thus, this
appeal has been instituted.
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4.The learned Additional Advocate General appearing for the
respondents raised an objection by stating that once anyone of the legal heir of the
deceased employee employed gainfully, then the family is not entitled to avail the
scheme of compassionate appointment.
5.The scheme of compassionate appointment is a concession and the
scheme being special one cannot be extended in violation of the terms and
conditions stipulated in the scheme. The very purpose and object of the scheme is
to mitigate the circumstances arisen on account of the sudden death of an
employee. Therefore, the penurious circumstances existing in the family of the
deceased employee and other requirements in consonance with the terms and
conditions of the schemes are to be verified for the purpose of extending the
benefit of appointment on compassionate ground.
6.The scheme of compassionate appointment is violative of Articles 14
and 16 of Constitution of India. All the appointments are to be made strictly under
the Constitutional schemes and through open competitive process by following the
procedures as contemplated. Equal opportunity in public employment is the
Constitutional mandate and thus, any other special scheme introduced for the
welfare of the employees is to be granted scrupulously by following the terms and
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conditions stipulated and any violations would lead to unconstitutionality and
deprive the constitutional rights of the lakh and lakh of persons, who are all
aspiring to secure public employment through open competitive process.
7.In the present case, the step mother of the appellant was admittedly
employed in Government services and more so, she is receiving family pension
consequent to the death of her husband. The learned Single Judge has considered
the facts and made a finding that compassionate appointment cannot be treated as
a mode of recruitment. The over all facts that the petitioner was aged about 42
years and having two children were also taken note of by the learned Single Judge.
8.In view of the above, we do not find any acceptable reason for the
purpose of interfering with the order impugned in the present Writ Appeal.
Therefore, the order dated 11.11.2022 passed in W.P.(MD)No.10928 of 2022
stands confirmed and this Writ Appeal stands dismissed. No costs.
(S.M.S., J.) & (V.L.N., J.)
21.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
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To
1.The Director,
Department of Public Health and Preventive Medicine,
No.359, Anna Salai, Chennai-6.
2.The Deputy Director,
Health Services & Family Welfare Department,
Aranthangi, Pudukkottai District.
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S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
21.11.2023
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