S DHIVYA Vs. STATE REP BY, PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPALITY ADMINISTRATIVE AND WATER SUPPLY

JUDGEMENT

(1.) The relief sought for in this Writ Petition is for a direction to consider the representation submitted by the writ petitioner on 7th November 2014 seeking compassionate appointment.

(2.) The father of the Writ Petitioner was working as a Driver in the Office of the Assistant Executive Engineer, Chennai Corporation and died on 19th February 2002, when he was in service. The Writ Petitioner states that, her sister and herself was in the custody of their grandparents and therefore, she was unable to submit the application seeking compassionate appointment within a period of three years as per the Government Orders and more so, the writ petitioner was a minor at that point of time. On attaining the age of majority, she filed an application seeking compassionate appointment on 07.11.2014. More so, after a lapse of twelve years from the date of the death of the deceased employee of the Chennai Corporation, Compassionate Appointment cannot be extended to the legal heirs of the deceased employee Compassionate Appointment is a scheme and a concession shown by the Government. Thus, appointment on compassionate grounds can never be considered as a regular appointment under the recruitment rules. The entire issue relating to the scope of the compassionate appointment was adjudicated and the Hon'ble Division Bench of this Court has considered the case of Inspector General of Prisons vs. P.Marimuthu, 2016 5 CTC 125, in paragraphs 35 to 41, and has held as follows:

(3.) In view of the legal principles laid down in the decision cited supra, now, a direction cannot be issued in this Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs.