A.DHANALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection dated 20. 02. 2007, rejecting the claim of the writ petitioner for providing compassionate appointment is under challenge in the present writ petition.

(2.) The petitioner is the daughter of late Mr. Iyyanar, who was employed as Office Assistant in the office of the fourth respondent. The father of the writ petitioner died on 26. 06. 2006, while he was in service. On account of the said death of the father of the writ petitioner, the family was in indigent circumstances. The learned Counsel for the writ petitioner states that the petitioner was deserted by her husband during the relevant point of time and divorce petition in H. M. O. P. No. 31 of 2006, was pending before the Sub-Court, Uthamapalayam, even after the death of the father of the writ petitioner. The impugned order states that the decree of divorce was granted on 27. 09. 2006, after the death of the deceased employee and therefore, on the date of the death of the deceased, the petitioner was a married daughter. As per the terms and conditions, the writ petitioner as a married daughter was not eligible during the relevant point of time for appointment on compassionate grounds. Accordingly, the claim of the writ petitioner was rejected in proceedings dated 20. 02. 2007.

(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. The competent authority has to examine the financial condition of the family of the deceased employee and only, if it is satisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family of the deceased employee.