Compassionate employment must be confined to Class IV posts: Madras High Court

Justice S Vaidyanathan while dealing with a plea seeking for compassionate appointment on various grounds like petitioner was a minor at the time of his father’s death and hence application was not submitted within the stipulated three years, said, “As a matter of right the applicant cannot demand that based on higher qualification they shall be appointed in Class-III posts as these posts are meant either for promotion or for direct recruitment and shall not be taken for compassionate appointment.”

Also, on holding that the qualification for Class IV employees can be completely exempted for giving compassionate appointment, said, “It must be ensured as to whether persons to be appointed to the post of sweeper on compassionate ground should know to read and write and ride bicycle/two-wheeler and other basic household/office works.”

Noting that this court expects the government to consider its suggestions and issue a Government Order immediately so that it can be given effect from January 1, 2019, said, “Whenever an application for compassionate appointment is made, it should be decided within three months from the date of receipt of the said application and person making such application should dispatch the same either by speed post or by registered post.”

Further, holding that if the application for compassionate appointment is not decided within three months, then the concerned officer, who is responsible to take a decision thereon, should be removed from the post and posted in a non-sensitive post, Justice Vaidyanathan said, “This will avoid further litigation, as the persons applying for compassionate appointment have been approaching this court for disposal of the representation after lapse of decades and getting an order so as to litigate unnecessarily and the order of disposal of representation is not a conclusive one for litigants, but a starting point of litigation.”

In another suggestion, Justice Vaidyanathan said, “In the event the spouse refusing to accept the Class IV employment the same can be rejected and the children after becoming major cannot seek for compassionate appointment.”

“In case compassionate appointment is considered other than spouse, then 25 per cent of the gross monthly income shall be directly paid to the spouse by way of NEFT or RTGS and the said gross income is subject to income tax deduction.”

“The reason for not granting 25 per cent of the amount from net salary is that the employee may take loans and ensure that the take-home salary is very less and the 25 per cent of the amount payable on the net after loan deduction would be very meagre and will not be sufficient to have a square meal for the day for the spouse at old age. Many of the children, after getting employment are driving the parents to old age home and in order to ensure that the spouses are protected and taken care of, 25 per cent of the amounts had got to be given to them,” Justice Vaidyanathan said.