High Court slams 15-yr delay in clearing compassionate appointment plea

As per the case, after the rejection of the first representation seeking compassionate appointment, the petitioner’s mother had made a second application within the limitation period of three years. “But the authorities have acted in a clandestine manner and rejected it after a long period of 15 years,” noted Justice R Mahadevan, pointing out that the delay thwarted the very purpose of enabling the grieved family to move on from the indigent circumstances.

“This court is of the view that such a cavalier approach of the officials concerned in discharging their statutory duties would dent the societal interest and the same has to be seriously viewed,” the judge held while directing the State to hand over the Rs one lakh recovered from the staff to the petitioner for causing her undue mental agony.

As per the case, the petitioner T Arul Jothi’s father died in harness on Feb 2, 1998. Following this, her mother submitted an application on February 27, 1998, well within the period of limitation, seeking appointment on compassionate ground to her son.

This was rejected on December 11, 2000, by the District Educational Officer, Pollachi, on the ground that only the first legal heir could apply for such appointment.

Thereafter, on January 29, 2001, the mother submitted another application within the stipulated time that she was suffering from illness and her first daughter already got married and hence, her second daughter/petitioner may be considered for appointment. But this came to be rejected only after 15 years by an order on July 27, 2016, on the ground that the alternative application could not be considered.

Pointing out that the failure to consider the alternative application could not be countenanced, Justice Mahadevan said, “The provisions of the scheme are very clear that if the first legal heir of the government servant is not willing/not eligible for appointment on compassionate ground on account of not possessing the required educational qualification or ill-health, etc., another legal heir of the deceased government servant can apply for such appointment.”