Madras High Court
M. Ramadoss vs State Of Tamil Nadu on 16 August, 2022
Author: S.M. Subramaniam
Bench: S.M.Subramaniam
W.P.No.15450 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.15450 of 2015
and
M.P.No.1 of 2015
M. Ramadoss ... Petitioner
Vs.
1.State of Tamil Nadu,
Represented by its Secretary to the Government,
Department of Revenue,
Fort St. George, Chennai – 600 009.
2.The District Collector,
Thiruvarur District, Thiruvarur,
3.Tasildhar,
Tasildar Office, Mannargudi,
Thiruvarur Distirct. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, to call for the records relating to the
impugned order passed by the 2nd respondent 20.05.2015 in his
Ni.Mu.15995/2012/A3 and quash the same and to direct the respondents
to provide any suitable job on the compassionate ground in the third
respondent office.
For Petitioner : Mr.K.Sivakumar
For Respondents : Mr.M.Bindran
Additional Government Pleader
https://www.mhc.tn.gov.in/judis
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W.P.No.15450 of 2015
ORDER
The order of rejection, rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.
2. The petitioner states that his father was working as Village Assistant at Vanduvur and died on 14.08.2004, while he was in service. On account of the sudden death of the father of the writ petitioner, the family was in penurious circumstances and the petitioner states that an application was made to appointment the petitioner on compassionate grounds. The application initially made was rejected by the 2nd respondent on 28.08.2007 and the petitioner filed W.P.No.10842 of 2008 and this Court passed an order on 26.08.2014, directing the authorities to consider the case of the writ petitioner afresh for appointment on compassionate grounds by considering the sufferings of the writ petitioner.
3. The learned counsel for the petitioner made a submission that the family of the writ petitioner is suffering as the petitioner is living along with his mother. It is further admitted that the brother of the writ petitioner is working in Central Reserve Police Force (CRPF) and he has https://www.mhc.tn.gov.in/judis Page 2 of 12 W.P.No.15450 of 2015 given an affidavit that he is living separately. As per the terms and conditions of the scheme of compassionate, if any one of the legal heir of the deceased employee working in a Government Department or in a private sector, then the family is not eligible for compassionate appointment under the scheme. In the present case, admittedly the writ petitioner's brother is working in CRPF and therefore, the family of the deceased employee is not entitled for compassionate appointment in view of the terms and conditions.
4. The fact remains that the father of the writ petitioner died on 14.08.2004 and the application submitted by the writ petitioner was rejected in the year 2007. Pursuant to the directions issued by this Court, the application of the writ petitioner was reconsidered and again it was rejected on the ground that there is no provision to consider the case of the writ petitioner, merely on the ground of disability. Beyond the disability, the case of the writ petitioner was originally not considered on the ground that his brother was employed in CRPF. In view of the fact that the one of the legal heir of the deceased employee is working in CRPF, the family is not entitled for compassionate appointment under the scheme. https://www.mhc.tn.gov.in/judis Page 3 of 12 W.P.No.15450 of 2015
5. Compassionate appointments can never be claimed as an absolute right. Compassionate appointment is a concession and the scheme formulated to mitigate the circumstances arises on account of the sudden death of an employee. Scheme of compassionate appointment is violative under the Articles 14 and 16 of the Constitution of India. Since there is no equal opportunity under the scheme, no selection process is conducted, merit assessment is not made and even the rules of reservations are not followed. Thus, the scheme of compassionate appointment is a special scheme, which is otherwise not in accordance with the Constitutional scheme of appointments.
6. All appointments should be made in accordance with the Recruitment Rules in force. Equal opportunity in a public employment is a Constitutional mandate. The appointments are to be made through open competitive process by providing an opportunity to all the eligible candidates, who all are aspiring to secure public employment in the manner contemplated under the Service Rules. Thus, the scheme of compassionate appointment is to be restricted and must be provided only in deserving cases and strictly in accordance with the terms and conditions stipulated under the scheme. Any deviation or violation would result in https://www.mhc.tn.gov.in/judis Page 4 of 12 W.P.No.15450 of 2015 unconstitutionality, as the Equality Clause enunciated is a Fundamental Right ensured to all citizens. More numbers of compassionate appointments would infringe the rights of the meritorious candidates, who all are longing to secure public employments. Thus, the Courts have insisted that the scheme of compassionate appointment is to be restricted with reference to the terms and conditions and the genuinity of the indigent circumstances are to be ascertained by conducting filed inspection. The pension benefits and the sources of income and the condition of the family are to be verified through field inspections before providing an opportunity on compassionate ground. It is not as if that one employment is to be provided to the family of the deceased employee. It is the penurious circumstances, which play a pivotal role in considering the cases for compassionate appointment.
7. Long delay is also a ground to reject the case for compassionate appointment as efflux of time is also a ground to draw a factual inference that the penurious circumstances aroused on account of the sudden death of an employee became vanished. Thus, long delay is also to be considered as a ground for rejection of appointments on compassionate grounds.
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8. Even recently, the Honourable Supreme Court of India in the case of State of Uttar Pradesh and Others vs. Premlata reported in [(2022) 1 SCC 30], has made observations in respect of implementation of the scheme of compassionate appointment and the relevant portion of the observations are extracted hereunder:
“8. While considering the issue involved in the present appeal, the law laid down by this Court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision, this Court in State of Karnataka vs. V.Somayashree [(2021) 12 SCC 20], had occasion to consider the principle governing the grant of appointment on compassionate ground. After referring to the decision of this Court in N.C.Santhosh vs. State of Karnataka [(2020) 7 SCC 617], this Court has summarized the principle governing the grant of appointment on compassionate ground as under:
10.1. That the compassionate appointment is an exception to the general rule;
10.2. That no aspirant has a right to compassionate appointment;
10.3. The appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India;
10.4. Appointment on compassionate https://www.mhc.tn.gov.in/judis Page 6 of 12 W.P.No.15450 of 2015 ground can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy;
10.5. The norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for compassionate appointment.
9. As per the law laid down by this Court in a catena of decisions on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right.
9.1. In the case of H.P. v. Shashi Kumar [(2019) 3 SCC 653], this Court in paras 21 and 26 had an occasion to consider the object and purpose of appointment on compassionate ground and considered decision of this Court in Govind Prakash Verma vs. LIC [(2005) 10 SCC 289], it is observed and held as under:
“21. The decision in Govind Prakash Verma, has been considered subsequently in several decisions. But, before we advert to those decisions, it is necessary to note that the nature of compassionate appointment had been considered by https://www.mhc.tn.gov.in/judis Page 7 of 12 W.P.No.15450 of 2015 this Court in Umesh Kumar Nagpal v. State of Haryana [(1994) 4 SCC 138]. The principles which have been laid down in Umesh Kumar Nagpal have been subsequently followed in a consistent line of precedents in this Court. These principles are encapsulated in the following extract:
“2. … As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting https://www.mhc.tn.gov.in/judis Page 8 of 12 W.P.No.15450 of 2015 compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved viz. relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in https://www.mhc.tn.gov.in/judis Page 9 of 12 W.P.No.15450 of 2015 favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned.” “26. The judgment of a Bench of two Judges in Mumtaz Yunus Mulani vs. State of Maharashtra [Mumtaz Yunus Mulani v. State of Maharashtra, (2008) 11 SCC 384 : (2008) 2 SCC (L&S) 1077] has adopted the principle that appointment on compassionate grounds is not a source of recruitment, but a means to enable the family of the deceased to get over a sudden financial crisis. The financial position of the family would need to be evaluated on the basis of the provisions contained in the scheme. The decision in Govind Prakash Verma [Govind Prakash Verma v. LIC, (2005) 10 SCC 289 : 2005 SCC (L&S) 590] has been duly considered, but the Court observed that it did not appear that the earlier binding precedents of this Court have been taken note of in that case.”
9. That apart, the father of the writ petitioner died in the year 2004 and now 18 years lapsed and further, the petitioner even at the time of the filing the writ petition was 34 years old and now he would be around 41 years. This being the factum, the scheme of compassionate https://www.mhc.tn.gov.in/judis Page 10 of 12 W.P.No.15450 of 2015 appointment at this length of time, after the death of the deceased employee cannot be considered.
10. Accordingly, the Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
16.08.2022 Jeni Index : Yes Speaking order : Yes To
1.The Secretary to the Government, State of Tamil Nadu, Department of Revenue, Fort St. George, Chennai – 600 009.
2.The District Collector, Thiruvarur District, Thiruvarur,
3.Tasildhar, Tasildar Office, Mannargudi, Thiruvarur Distirct.
https://www.mhc.tn.gov.in/judis Page 11 of 12 W.P.No.15450 of 2015 S.M. SUBRAMANIAM, J.
Jeni W.P.No.15450 of 2015 16.08.2022 https://www.mhc.tn.gov.in/judis Page 12 of 12