Compassionate job a concession, not a matter of right: Madras HC – Times of India

Chennai News

MADURAI: Dismissing a plea by a woman seeking compassionate appointment in a government job to her daughter after her father’s death, the Madras high court observed that the scheme is a concession and cannot be claimed as a matter of right.
Justice S M Subramaniam observed that the compassionate appointment scheme was introduced to mitigate circumstances arising on account of sudden demise of a government employee.
It is not a regular appointment, nor an appointment under the constitutional scheme. It is a concession granted to government employees on certain exceptional circumstances.
The court made the observations while dismissing the petition filed by M Suguna. The petitioner’s husband who was working as a field assistant in the land survey department in Theni district of Tamil Nadu died in 2015. The petitioner had submitted an application seeking employment to her daughter. Taking into account that the petitioner’s daughter was a minor, authorities had rejected the application.
After completing 18 years of age, the daughter submitted an application in 2019. But the plea was rejected because it was submitted after the stipulated three-year period from the death of the employee. Challenging the rejection order, the petitioner moved the HC’s Madurai bench.
The judge observed that equal opportunity in public employment is a constitutional mandate. All appointments are to be made in accordance with the rules and by providing equal opportunity to participate in the process of selection.
Insofar as the compassionate appointments are concerned, no selection is conducted, suitability or eligibility are not tested, but people are appointed merely based on the death of an employee. Therefore, compassionate appointment is to be restricted in the interest of the efficient public administration, observed the judge.