Policy on compassionate appointment urged

Justice SM Subramaniam, while dismissing a plea seeking compassionate appointment after a lapse of 23 years, said, “Employment assistance on compassionate appointment is only a concession extended to an eligible member of the family, to apply for a suitable post, in the service, in which, the employee/government servant died in harness and it is not a right, which can be exercised by a minor on attainment of majority.” 

As per the case, the father of the petitioner S Sangeetha, who was working as a wireman in Vaniyampadi, had passed away while he was in service on November 17, 1994. Due to the sudden demise, the family was in indigent circumstances and her mother submitted a plea to the state on September 18, 1995, to provide an appointment on compassionate grounds. 

However, the mother’s claim was rejected on September 25, 1995, since she failed to possess the minimum required qualification of passing eighth standard.

But, thereafter, Sangeetha who was a minor at the time of her father’s death, on attaining the age of majority had made a plea in 2005 for appointment. She had completed senior grade typewriting in Tamil and English in 2005 and by May 2010 had also completed B.Com through correspondence. Since there was no response to her plea, she moved the court seeking a direction to provide her employment on compassionate grounds.

However, the judge, on holding that the application was not submitted, within three years from the date of the demise of the deceased as per the terms and conditions, said, “The delay is also a vital factor. The scheme of compassionate appointment cannot be treated after a reasonable period. Such being the considered view of the Supreme court in respect of the scheme, the grounds raised in this writ petition deserve no further consideration.” 

The judge also held, “For entry into any service in the State, the minimum age is 18 years, and no minor can be appointed to any service. Therefore, he or she cannot make any application for appointment to any post in service and no post can be kept vacant for him, till he or she attains majority. Posts which fall vacant have to be filled as per the recruitment rules.”