LAWS(MAD)-2017-9-242

V SUMATHI Vs. COMMISSIONER

Decided On September 11, 2017
V Sumathi Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) The order of rejection dated 6.8.2013, in respect of the claim for compassionate appointment, is under challenge in this writ petition.

(2.) The learned counsel appearing for the writ petitioner submitted that the father of the writ petitioner was working as Sweeper in the Coimbatore Corporation and passed away on 12.4.2004, while in service. Therefore, the writ petitioner made an Application seeking compassionate appointment on 23.02.2005. However, the said Application was rejected by the respondent by his proceedings dated 6.8.2013, by stating that the writ petitioner got married on 08.09.2003, i.e. even prior to the death of her father on 12.04.2004.

(3.) Under these factual circumstances, this Court has to consider the scope of compassionate appointment and the objects sought to be achieved from and out of the Scheme. The writ petitioner's father expired in the year 2004, the Application was submitted in the year 2005 and the order of rejection was issued on 06.08.2013 and the writ petition was filed on 05.01.2016. Now, after a lapse of twelve years from the date of death of the Government employee, this Court is not inclined to consider or extend the scope of compassionate appointment scheme so as to provide a public employment, violating the Recruitment Rules or under the Constitutional Scheme.