LAWS(MAD)-2019-7-340

S.MUTHULAKSHMI Vs. CHAIRMAN

Decided On July 09, 2019
S.MUTHULAKSHMI Appellant
V/S
CHAIRMAN Respondents

JUDGEMENT

(1.) The order of rejection dated 10.02.2015 rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

(2.) The father of the writ petitioner was employed as Assistant in Accounts Branch of the Tamil Nadu Electricity Board and died on 07.02.1982, while he was in service. The petitioner states that at the time of death of her father, she was aged about six years and she was a minor. It is an admitted fact that the mother of the writ petitioner was working as a Nurse in the Tamil Nadu Medical Department. Thus, the legal heirs of the deceased employee is not at all eligible to avail the benefit of compassionate appointment, as the wife of the deceased employee was working as a Nurse in the Tamil Nadu Medical Department. When the wife of the deceased employee was working as a Nurse in the Medical Department, the Court has to draw the factual inference that the family of the deceased employee was not in penurious circumstances. Thus, the very scheme of a compassionate appointment cannot be extended in favour of the legal heirs of the deceased employee, in view of the fact that the wife of the deceased employee was also working as a Nurse in the Medical Department.

(3.) This apart, the deceased employee passed away on 07.02.1982 and the writ petitioner submitted an application seeking appointment in the year 2006, after a lapse of about 24 years from the date of death of the deceased employee. The rejection order was passed in the year 2015 and now, after a lapse of about 36 years from the date of death of the deceased employee, the benefit of the scheme cannot be extended, in view of the legal principles settled by the Constitution Bench of the Hon'ble Supreme Court of India, in the case of the Secretary, State of Karnataka and others vs. Umadevi (3) and others reported in (2006) 4 Supreme Court Cases 1, the settled legal principles, which are extracted hereunder: