UNION OF INDIA Vs. B KISHORE

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Division Bench of the Madras High Court. By the judgment and order coming under appeal, the High Court directed the Appellants to include the name of the Respondent in the list of candidates waiting for appointment under the scheme of "compassionate appointments".

(2.) The wife of the Respondent K. Janaki died on September 1, 1993, while giving birth to their second child. At that time she was working as a Senior Accountant in the Office of the Directorate of Postal Accounts, Madras. On September 21, 1993, the Respondent made an application for payment of her death-cum-terminal dues. A rival claim was raised by the mother of the deceased but the Respondent was able to obtain the succession certificate and on that basis he got payment of a sum of Rs. 71,000/- as death-cum-retirement gratuity of his deceased wife, in addition to a sum of Rs. 2,998/- per month as family pension.

(3.) On January 11, 1994, the Respondent made the request for compassionate appointment but he was informed by the concerned departmental authorities that his claim for compassionate appointment would be considered only after the settlement of the rival claims for payment of the death-cum-terminal dues of K. Janaki. After payment of the monetary dues to the Respondent, his claim for appointment on compassionate basis was taken up and he was asked to submit proof of passing the S.S.L.C. examination. On July 9, 1996, the Respondent made another representation for appointment on compassionate grounds. His case was finally considered by the Circle Selection Committee and he was informed by letter dated February 26, 1998, that he was not found entitled to appointment on compassionate grounds because he was not considered to be "in indigent circumstances".