Madras High Court
The Commissioner Of Police vs D.Chandra on 25 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD)No.512 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD)No.512 of 2020
and
C.M.P.(MD)No.3630 of 2020
1.The Commissioner of Police,
Madurai City, Madurai-2.
2.The Director General of Police,
Tamil Nadu, Chennai. ... Appellants
-Vs-
D.Chandra ... Respondent
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
set aside the order dated 28.02.2020 made in W.P.(MD)No.26588 of 2019 on the
file of this Court.
For Appellants : Mr.S.P.Maharajan,
Special Government Pleader
For Respondent : Mr.K.Ravi
Page 1 of 6
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W.A.(MD)No.512 of 2020
JUDGMENT
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
Governing legal principles for compassionate appointment are
(i)compassionate appointment is a concession and not an absolute right;
(ii)compassionate appointment is violative of Articles 14 and 16 of Constitution
of India; (iii)scheme of compassionate appointment is a special scheme and its
object is to mitigate the circumstances arising on account of sudden death of an
employee while in service.
2.Penurious circumstance in the family is to be considered by
conducting enquiry. Providing one appointment to the family of the deceased
employee is not an object of the scheme. Long delay in submitting application is
also a ground to reject it, since penurious circumstances arouse on account of
sudden death became vanished due to efflux of time. Scheme is to be
implemented strictly in accordance with the terms and conditions stipulated.
3.Merit assessment and rule of reservation have not been followed on
compassionate appointment and there is no selection process. It is not a method
of appointment under the Constitutional scheme of appointment. The
Constitutional Courts have time and again reiterated that the compassionate
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appointment is not a method of appointment and it is a special scheme. Therefore,
the terms and conditions are to be applied scrupulously and any discretion or
misplaced sympathy would infringe the right of meritorious candidates, who are
all aspiring to secure public employment through open competitive process.
4.Coming to the facts of the present case, the husband of the respondent
died on 28.04.2003 while he was in service. The respondent submitted an
application, seeking appointment on compassionate ground on 16.06.2003 well
within the time limit stipulated under the scheme. For want of vacancy and
considering the fact that large number of legal heirs are waiting for compassionate
appointment in Police Department, application seniority is followed and
accordingly, the respondent was kept in the waiting list. Subsequently, vide letter
dated 11.03.2013, the District Collector, Madurai has recommended the case of
the respondent for appointment to the post of Office Assistant in Local Fund Audit
Department. However, the respondent was not interested in taking appointment
nor approached the authorities of the Deputy Director of Local Fund Audit,
Madurai, based on the letter of the District Collector, Madurai dated 11.03.2013.
The Deputy Director of Local Fund Audit, vide his letter dated 24.05.2013, has
informed the District Collector that the respondent has not approached the office
for issuance of necessary posting order.
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5.Pertinently, the representation of the petitioner dated 06.03.2013
reveals that the second application, seeking compassionate appointment was
submitted before the Commissioner of Police on 30.12.2009, since the daughter of
the deceased employee has completed B.Sc., degree during the relevant point of
time. The said application was rejected by the authorities competent on
18.03.2010. The daughter of the respondent has not challenged the rejection order
and therefore, it become final. Not stopping with that, the respondent has
submitted third application seeking compassionate appointment on 06.03.2013 to
provide appointment to her son.
6.Multiple applications, seeking compassionate appointment are not
entertainable. Under the scheme, eligible legal heir of the deceased employee is
entitled to file an application. Such application filed cannot be altered nor a
second application can be filed. During the relevant point of time ie., when the
employee died, the respondent alone is the legal heir and she had submitted
application on 16.06.2003 and the said application was processed subsequently.
Thus, the subsequent application submitted seeking appointment to the daughter
and son of the deceased employee are not entertained and rightly done so by the
authorities competent.
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7.The second application submitted to provide appointment to the
daughter of the employee was rejected on the ground that the application was
submitted beyond the period of three years. Thus, this Court do not find any
infirmity in respect of the decision taken by the authorities competent.
8.The respondent as of now is aged about 62 years. At the time of the
death of the employee, his son and daughter were minors and 22 years had lapsed
from the date of death of the employee. That apart, the respondent had not availed
the opportunity provided to her to take up the appointment based on the
recommendations of the District Collector, Madurai. This being the factum
established, the respondent is not entitled for compassionate appointment under
the scheme. Therefore, the order of the Writ Court dated 28.02.2020 made in
W.P.(MD)No.26558 of 2019 is set aside and accordingly, this Writ Appeal stands
allowed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S, J.] & [A.D.M.C., J.]
25.06.2025
NCC : Yes / No
Index : Yes / No
Yuva
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S.M.SUBRAMANIAM, J.
AND
DR.A.D.MARIA CLETE, J.
Yuva
25.06.2025
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