Tuesday, July 14, 2015

HC: no pick and choose of jobs on compassionate grounds

Those who seek public employment on compassionate grounds, following the death of government servants in harness, cannot pick and choose the post in which they want to be accommodated just because they consider it below their dignity to accept menial posts offered to them by the government, the Madras High Court Bench here has said.

Disposing of a writ petition, Justice S. Vaidyanthan said: “Nowadays, getting employment is very difficult more so in government service… If the petitioner feels that it is below her dignity to join the post of a sweeper, she cannot expect the government to keep one post of her choice reserved to provide employment to her or her children after obtaining necessary qualification.”

He pointed out that the petitioner, a widow, had applied for compassionate employment in 2004 following the death of her husband in 2003, when he was serving the Ottapidaram municipality. The municipality accepted her plea in 2007 and offered her the post of a sweeper. But she did not take up the job and instead made an application in 2011 seeking employment for her son.

“The petitioner has stated that there are vacancies of Junior Assistant in the local body and her son is qualified for the post,” the judge pointed out and held that her present plea could not be accepted since she herself had been offered compassionate employment way back in 2007. He gave the petitioner 30 days’ time to accept the post of sweeper or lose even that opportunity.

Dismissing another writ petition, the judge held that though a minor child can stake claim for compassionate employment after attaining majority, such a plea could not be entertained if the mother of the minor had made a representation for employment and her request had been rejected for not submitting the application within three years from the death of the government servant concerned.

Petitioner given 30 days to accept post of sweeper or lose even that opportunity


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