C SIVAKUMAR Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) HEARD the arguments of Mr. K. Sanjay, learned counsel appearing for the petitioner and Mr. R. Neelakantan, learned Government Advocate for the respondents and perused the records. The O.A. filed by the petitioner got transferred to this court by an order, dated 20.10.2005 made in W.P.No,33520/05 and was renumbered as W.P.No,2959 of 2006. A reply affidavit, dated 9.2.2000 was filed by the second respondent before the Tribunal.

(2.) THE petitioner is the son of late Tmt. V. Ramathilagam, who was working as Teacher in the Municipal School at Tiruchirappalli.

(3.) IN State of Haryana and Others v. Rani Devi and Another [AIR 1996 SC 2445: 1996 (5) SCC 308], the Supreme Court while examining the object of compassionate appointment pointed out that the claim of the person concerned for appointment on compassionate ground is based on the premise that he was a dependant of the deceased employee. Strictly this claim cannot be upheld on the touchstone of Articles 14 or 16 of the Constitution of INdia. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service. That is why it is necessary for the authorities to frame rules, regulations or to issue such administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. IN the aforesaid case, it was held that if the scheme regarding appointment on compassionate ground is extended to all types of casual or ad hoc employees including those who worked as apprentices, then such scheme cannot be justified on constitutional grounds.