Compassionate appointment not a matter of right: HC

Citing legal precedents settled by the Supreme Court and the Madras High Court, Justice SM Subramaniam said “This court is of the opinion that the scope of compassionate appointment is to be restricted to the terms and conditions of scheme itself and the same cannot be stretched by the courts, so as to provide appointment on compassionate ground.” 

“This apart, the delay is also a vital factor. The scheme of compassionate appointment cannot be granted after a reasonable period. Such being the consistent view of the Supreme Court in respect of the scheme, the grounds raised in this writ petition deserve no further consideration,” he said. 

As per the case, the father of the writ petitioner K Deepa was employed as a driver at State Express Transport Corporation Ltd, Chennai. He passed away on August 6, 2006, while in service. Being illiterate, Deepa’s mother had not submitted any application seeking appointment and since Deepa was just 12 then, was unable to submit the application seeking appointment on compassionate grounds. 

However, on turning 18 in 2012, she applied seeking appointment on compassionate grounds. Thereafter, she sent representations till 2016 seeking to include her name in the register maintained for giving employment on compassionate grounds. But on July 13, 2018, an order of rejection was passed. Challenging this she moved the court seeking to quash the rejection and consider her application. 

But Justice Subramaniam on noting that the scheme is formulated in order to mitigate the circumstances arising on account of the sudden demise of the employee, said, “If appointment on compassionate grounds is not provided within the reasonable period of time, then the factual inference is to be drawn that the penurious circumstances aroused on account of the sudden death of the deceased employees became vanished.” 

“Thus, the scheme of compassionate appointment cannot be implemented after a lapse of many years,” he added.