P. PAVENTHAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This writ appeal is filed by the original writ petitioner against the order of the learned Judge in dismissing the writ petition which relates to the rejection of an application made by the appellant to the respondent/Electricity Board for appointment on compassionate ground. Brief facts of the case relevant for disposal of this writ appeal are summarized as under: Admittedly, the father of the appellant was an employee of the Tamil Nadu Electricity Board and he was employed as a Junior Assistant in the office of the Executive Engineer, Gingee. He died in harness on 24.10.1988 and at the time of his death the appellant was three years old and his younger brother was one year old.

(2.) It is the contention of the learned counsel for the appellant that when it was the clear case of the appellant that the financial condition of the family due to the death of his father in harness continued to be the same as at the time of the death, even after the appellant became a major, and when that is the criterion to be considered for appointment on compassionate ground, the finding of the learned judge is not proper.

(3.) It is not in dispute and it is also not the case of the appellant that the appointment on compassionate ground is automatic and it amounts to entry into service not as per the Rules. But the concept of appointment on compassionate ground, which has been recognized by all the Courts in India, is to tide over the family which is in distress due to the sudden death of its breadwinner from the financial constraint and it is on the basis of such schemes or rules which are framed by the appointing authorities, some solace is given to the families to recoup from the state of impoverishment.