Madras High Court
Ramachandran vs The Principal Chief Engineer on 4 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD) No.5294 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.5294 of 2017
and
W.M.P.(MD) Nos.4243 & 4244 of 2017
Ramachandran ... Petitioner
-vs-
1.The Principal Chief Engineer
(Water Resource Organization) &
Chief Engineer (Additional Charge)
Public Works Department
Chepauk, Chennai-600 005
2.The Superintending Engineer
Public Works Department
Special Project Circle
(Water Resource Organization)
Palani, Dindigul District
3.The Executive Engineer
Public Works Department
Nankanjiyar Drainage Division
Palani, Dindigul District
4.The Assistant Executive Engineer
Public Works Department
Nankanjiyar Drainage Sub Division
Edaiyakottai, Dindigul District ... Respondents
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W.P.(MD) No.5294 of 2017
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records relating to the
impugned order passed by the first respondent in his proceedings in Kaditha
No.S3(4)/61874/2008 dated 01.09.2016 and the consequential impugned
order passed by the fourth respondent in his proceedings in Kaditha
No.Ko3/O.Se.Po.2/2016 dated 26.12.2016 and quash the same as illegal and
consequently to direct the respondents to consider the name of the petitioner
for appointment on compassionate ground, within the time frame to be fixed
by this Court.
For Petitioner : Mr.Nawaz Khan
for M/s.Ajmal Associates
For Respondents : Ms.D.Farjana Ghoushia
Special Government Pleader
ORDER
This writ petition has been filed challenging the order, dated
01.09.2016, passed by the first respondent and the consequential order, dated
26.12.2016, passed by the fourth respondent, rejecting the petitioner's request
for compassionate appointment, on the ground that the application submitted
by the petitioner is beyond the period of three years from the date of death of
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his father, who was an employee in the respondent – Public Works
Department.
2. In the instant case, the petitioner is the son of Late.Easwaran,
who was working in the respondent – Public Works Department, when he died
on 27.06.2004. After his death, the petitioner's mother applied for
compassionate appointment for the petitioner's brother, namely, Murugesan
through an application dated 19.01.2007. However, instead of pursuing the
request for the petitioner's brother Murugesan, the petitioner made a
representation on 07.08.2008 to the respondents seeking for compassionate
appointment for him, instead of his brother.
3. According to the petitioner, only due to the fact that his brother
had to pursue higher studies, he had sought replacement. However, under
the impugned orders, the petitioner's application has been rejected, on the
ground that the application seeking for compassionate appointment was made
by him beyond the period of three years from the date of his father's death.
Aggrieved by the same, this writ petition has been filed.
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4. Learned counsel for the petitioner contends that since the
original application submitted by his mother seeking for compassionate
appointment was made within the period of three years from the date of death
of his father, the respondents ought not to have rejected his application
submitted on 07.08.2008 as the said application is only a continuation of the
earlier application submitted by his mother seeking for compassionate
appointment, which was well within the period of three years.
5. A counter affidavit has also been filed by the respondents
reiterating the contents of the impugned orders and also denying the
contentions of the petitioner.
6. The law is now well settled by the decisions rendered by this
Court, which includes a Division Bench Judgment in the case of The Director
of School Education and others vs. G.Mariraja, reported in
MANU/TN/6287/2022. It has been made clear, in the said decision, that
provisions for grant of compassionate appointment do not constitute a
reservation of a post in favour of the family of the deceased employee. It has
also been made clear that there is no general or vested right of compassionate
appointment. The Division Bench has also held that a provision for
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compassionate appointment is an exception to the principle that there must
be an equality of opportunity in matters of public employment. The exception
to be constitutionally valid has to be carefully structured and implemented in
order to confine compassionate appointment to only those situations which
subserve the basic object and purpose which is sought to be achieved. It has
also been made clear that compassionate appointment can be claimed only by
a scheme or rules, which provides for such appointment. Where such a
provision is made in an administrative scheme or statutory rules,
compassionate appointment must fall strictly within the scheme or, as the
case may be, the rules. The Division Bench has also observed that
continuation of penury or indigent circumstances of the family, alone is not
the factor to be considered by the Department, while examining the request of
the applicant for appointment on compassionate grounds.
7. In the instant case on hand, originally, the mother of the
petitioner had submitted an application seeking compassionate appointment
for the petitioner's brother Murugesan on 19.01.2007. Though the said
application was within the period of three years from the date of death of the
petitioner's father, all of a sudden, after a lapse of more than a year from the
date of the original application, on 07.08.2008, the petitioner submitted an
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application seeking to substitute his name for compassionate appointment
instead of his brother's name stating that due to the fact that his brother was
desirous of pursuing higher studies, his name has to be substituted.
8. As observed by the Honourable Division Bench of this court in
the aforesaid decision, there is no general or vested right of compassionate
appointment. A person seeking compassionate appointment cannot pick and
choose the person, who has to be granted compassionate appointment at his /
her whims and fancies. In the instant case on hand, admittedly, the
petitioner's application dated 07.08.2008 seeking for compassionate
appointment is beyond the period of three years from the date of death of his
father. The Honourable Division Bench of this Court in the aforesaid decision
as well as through a decision rendered by the learned Single Judge of this
Court, has made it clear that any application seeking for compassionate
appointment must be made within a period of three years from the date of
death of the employee. Admittedly, the request of the petitioner seeking for
compassionate appointment was made only on 07.08.2008 beyond the period
of three years from the date of death of his father, who was earlier working in
the respondent – Public Works Department and had died while he was in
service.
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9. For the foregoing reasons, this Court is of the considered view
that there is no infirmity in the impugned orders rejecting the petitioner's
request for compassionate appointment as the said orders are only in
accordance with law.
10. In the result, there is no merit in this writ petition.
Accordingly, this writ petition is dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
04.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Principal Chief Engineer,
(Water Resource Organization) &
Chief Engineer (Additional Charge),
Public Works Department,
Chepauk, Chennai-600 005.
2.The Superintending Engineer,
Public Works Department,
Special Project Circle,
(Water Resource Organization),
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Palani, Dindigul District.
3.The Executive Engineer,
Public Works Department,
Nankanjiyar Drainage Division,
Palani, Dindigul District.
4.The Assistant Executive Engineer,
Public Works Department,
Nankanjiyar Drainage Sub Division,
Edaiyakottai, Dindigul District.
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ABDUL QUDDHOSE, J.
krk
and
W.M.P.(MD) Nos.4243 & 4244 of 2017
04.09.2024
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