A bonanza from tragedy not on, HC to job-seeker

HC DISMISSES PLEA

A bonanza from tragedy not on, HC to job-seeker

K.Kaushik@timesgroup.com

Madurai:29.01.2021

Observing that the dependents of a deceased employee cannot be permitted to convert a tragedy into a bonanza, the Madras high court dismissed a plea seeking compassionate appointment as his father who was a government employee died during service.

The court was hearing a petition filed by D Sivakumar challenging the order which had rejected his application for compassionate appointment.

The petitioner’s father R Devaraj, who was working as a helper in Tangedco, died during service in 2001. At the time of Devaraj’s death, the petitioner was 10 years old and no other eligible people were available in the family to apply for compassionate appointment.

The petitioner submitted an application seeking compassionate appointment in 2009, however, it was rejected on the ground that the application was not submitted within three years of the death of his father.

Justice M Dhandapani observed that the electricity board had made it clear that legal heirs who have completed 18 years of age alone are to be treated as eligible for appointment on compassionate grounds.

The judge observed that the purpose of providing employment on compassionate basis is to mitigate the hardship of the family which has arisen due to the death of the employee. If the compassionate appointment is treated as one more source of recruitment, then it will be violative of Article 16 of the Constitution, observed the judge.The judge said that in the light of the above, the present petition is wholly unsustainable.