SHANMATHI S Vs. SECRETARY

JUDGEMENT

(1.) The order of rejection dated 23.08.2018, rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the father of the writ petitioner late Sri Shanmugasundaram, who was a Government Employee, died on 03.08.2013. On account of sudden demise of the father of the writ petitioner, the family was in penurious circumstances. Thus, the elder sister of the writ petitioner Smt.S.Brinda, initially submitted an application seeking appointment on compassionate grounds. The said application was rejected by the Competent Authorities on 12.03.2018, on account of certain family disputes between the elder sister of the writ petitioner with her husband. The elder sister of the writ petitioner was not in a position to pursue the remedy of compassionate appointment.

(3.) This Court is of the considered opinion that the claim of compassionate appointment is a concession and can never be claimed as a matter of right. The scheme being a special one, cannot be implemented by expanding its scope or diluting the terms and conditions. The scheme does not permit to entertain an application from the second legal heir of the deceased employee. Admittedly, the application was submitted by the elder sister of the writ petitioner and the said application was rejected. Thereafter, the elder sister of the writ petitioner has not pursued the remedy. Thus, the writ petitioner submitted an application seeking appointment on compassionate grounds, admittedly, after a lapse of 5 years from the date of death of the deceased employee.