(1.) The order of rejection dated 11.10.2010 issued by the first respondent and the consequential order passed on 09.05.2011, in respect of the claim of the writ petitioner for compassionate appointment, are under challenge in this writ petition.
(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the father of the writ petitioner late Periannan was employed as Village Assistant at Maruvathur Village, Thuraiyur, Trichy District and passed away on 19.06.1996, while he was in service.
(3.) This Court is of the opinion that consideration for appointment on compassionate ground is to be construed as violation of Articles 14 and 16 of the Constitution of India and is only in the nature of concession and therefore does not create a vested right in favour of the claimant. A compassionate appointment scheme is a non-statutory scheme and is in the form of a concession and it cannot be claimed as a matter of right by the claimant to be enforced through a writ proceeding. A compassionate appointment is justified when it is granted to provide immediate succour to the deceased employee. Mere death of a Government employee in his harness, it does not entitle the family to claim compassionate employment.