V ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection, dated 13.12.2011 issued by the second respondent in relation to the claim of the writ petitioner on compassionate appointment is under challenge in this writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the father of the writ petitioner was employed as Police Inspector and on account of his ill-health, he was admitted in the hospital on 29.05.1991 and passed away on the very same day. On account of sudden demise of the father of the writ petitioner, the family was in penurious circumstances. It is further stated that the eldest daughter of the deceased employee got married in the year 1984 and living separately with her husband and family. On account of financial difficulties, the writ petitioner submitted an application seeking compassionate appointment for the post of Junior Assistant to the second respondent on 05.07.1991. However, the claim of the writ petitioner was negatived on the ground that the sister of the writ petitioner is working as Government Servant. The order impugned, dated 13.12.2011 states that one of the sisters of Thiru.V.Arumugam (i.e) Selvi. Jaya Jothi was already employed as Secondary Grade Teacher in S.A.V.Higher Secondary School, Thoothukudi. In view of the fact that one of the legal heirs of the deceased employee was already employed and receiving the Government salary then the scheme of appointment cannot be extended to the other legal heirs. Thus, the reasons stated in the order impugned is certainly candid and convincing The scheme of appointment has got its own purpose and object. The appointment on compassionate ground has to be provided within a reasonable period to mitigate the circumstances arising on account of the sudden death of the Government employee.

(3.) Thus, the scope of the scheme cannot be expanded either by the authorities or by the Court and terms and conditions are to be followed scrupulously. There cannot be any deviation since it is a special scheme and any deviation will amounts to violation of principles of equality.