Madras High Court
The State Of Tamil Nadu vs Vignesh Raja on 21 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD)No.1200 of 2020
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.1200 of 2020
and
C.M.P.(MD)Nos.6598 of 2020
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Department of School Education,
Secretariat, Chennai-600 009.
2.The Director,
Directorate of School Education,
Chennai.
3.The District Educational Officer,
Madurai.
4.The Headmaster,
Government Higher Secondary School,
Palamedu, Madurai District. ... Appellants
Vs.
Vignesh Raja ...Respondent
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1200 of 2020
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.18508 of 2014, dated 30.08.2018 on the file of
this Court.
For Appellants : Mr.D.Sadiq Raja,
Additional Government Pleader
For Respondent : Mr.K.S.Durai Pandian
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The claim of the writ petitioner, seeking appointment on compassionate
ground is the subject matter of the appeal before us instituted by the State of Tamil
Nadu.
2.It is not in dispute that the mother of the respondent was employed as
B.T. Assistant in the School Education Department and died on 10.09.2004, while
she was in service. The respondent filed an application on 06.09.2007, seeking
appointment on compassionate ground. On the date of application, he was a minor
and therefore, not eligible to avail the scheme of compassionate appointment.
Thus, the application itself is not entertainable and admittedly, the respondent
attained the age of majority after a lapse of three years from the date of death of
the deceased employee.
https://www.mhc.tn.gov.in/judis
3.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.
4.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
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.
https://www.mhc.tn.gov.in/judis
5.In the present case, the respondent was a minor on the date of
submission of the application. Therefore, he is not falling under the ambit of the
scheme and thus, the order passed by the learned Single Judge is running counter
to the conditions stipulated under the scheme of compassionate appointment.
Therefore, the order passed by the learned Single Judge dated 30.08.2018 made in
W.P.(MD)No.18508 of 2014 is set aside and this Writ Appeal stands allowed. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
21.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
21.11.2023
https://www.mhc.tn.gov.in/judis
