Compassionate-ground appointee cannot be deprived of job: Madurai Bench of Madras High Court
Hearing a petition filed by one S Chinnadurai in 2017, Justice SS Sundar quashed the dismissal order and directed the government to accommodate the man in any Class IV posts.
Published: 13th December 2021 03:57 AM
Madras High Court
By Express News Service
MADURAI: The Madurai Bench of Madras High Court recently came to the rescue of a man, who was appointed as surveyor on compassionate grounds but dismissed from service for not completing the mandatory departmental test. Hearing a petition filed by one S Chinnadurai in 2017, Justice SS Sundar quashed the dismissal order and directed the government to accommodate the man in any Class IV posts.
The judge referred to several judgments which said a person appointed on compassionate ground cannot be deprived of his employment simply because he has not completed the departmental examination or has not undergone training. “Even if a person is unable to complete the departmental test, his service cannot be terminated and the authorities should accommodate the petitioner in Class-IV post,” he added. However, the petitioner is not entitled to back wages for the period when he was terminated from service, the judge clarified.
He directed the Assistant Director of Survey and Land Records to appoint the petitioner in the post of office assistant or field assistant within six weeks. “Even if no vacancy is available under Class-IV post, the authority should create a supernumerary post to accommodate the petitioner,” he added and disposed of the petition.
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