M.KARTHICK Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection dated 21.10.2014 issued by the third respondent, rejecting the claim of the writ petitioner for appointment on compassionate grounds, is under challenge in the present writ petition.

(2.) The father of the writ petitioner late Shri Markandan was worked as Grade II Police Constable in the Armed Reserve Police Force attached to the third respondent and the father of the writ petitioner died on 19.2.1995, while he was in service. The writ petitioner states that on account of the sudden demise of the father of the writ petitioner, the family of the writ petitioner was in penurious circumstances and thereafter, the writ petitioner made an application, seeking appointment on compassionate grounds. The said application was rejected by the third respondent on the ground that the same was submitted after the lapse of 17 years from the date of death of the deceased employee.

(3.) This Court is of the considered opinion that the scheme of compassionate appointment is to be implemented strictly with reference to the terms and conditions of the scheme. Though the writ petitioner stated that the application was submitted on 18.9.1997, within the period of three years from the date of death of the deceased employee, by the mother of the writ petitioner and further the same was not pursued by the legal heirs of the deceased employee. In this regard, the counter filed by the third respondent, in paragraph-3, stated as under:- It is submitted that Late PC 135 Thiru V.Markandan was working in the Armed Reserve, Greater Chennai Police, Chennai and he was murdered on 19.2.1995 due to illegal intimacy and love affairs. Consequent of the death of Thiru Markandan, Tmt.M.Banu, wife of the deceased PC 135 has applied for compassionate appointment within three years. In the meantime in connection with the death/murder of Thiru V.Markandan, PC 135, accused A-1 Babu, A-2 Ibrahim, A-3 Kutty and A-4 Tmt.M.Banu were arrested and remanded to judicial custody. Tmt.M.Banu came out from jail after three months and committed suicide by setting fire on her and died on 21.12.1997. It is true that at the time of death / murder of Thiru V.Markandan, PC 135, the petitioner herein Thiru Karthick was only 4 years. After the demise of father and mother, the petitioner herein, his brother and sister were brought up by the maternal grandmother Tmt.Parvathi. The sister of the petitioner, Tmt.Parimala married one Eswaran and settled in her life. His brother Thiru Vinoth Kumar committed suicide by consuming poison. Only the petitioner is alive and applied for compassionate ground appointment.? However, the writ petitioner submitted the application belatedly. Thus,the said application was rejected on the ground that it was submitted after the lapse of 17 years from the date of death of the deceased employee. In view of the fact that the deceased employee died on 19.2.1995, now the scheme of compassionate appointment cannot be granted after the lapse of about 23 years from the date of death of the deceased employee.