Madras High Court: Compassionate Job Cannot be Claimed as Right it is a Concession

Apr 11, 2022 #Concession #Madras High Court
Madras High court law insider

Paridhi Arya

Published on: April 11, 2022 at 13:10 IST

The Petition filed by M Sugna asking the compassionate appointment for her daughter as her husband was a Government Employee and suddenly died.

At the time her husband’s death her daughter was minor and so her appointment in place of her husband got rejected.

After three years when daughter got major her daughter Filed an Application again in place of her husband who was a field Assistant in the department of land survey in Theni district of Tamil Nadu.

But the Application got rejected again and the reason given is that fixed time period of three years was passed and so no employment can be given.

The Bench of Justice S M Subramanian stated that the Compassionate Employment Scheme was just introduced so that after the unexpected death of a Government Employee his family can meet the situation easily.

This scheme is an exception for only Special Situation it not a Constitutional Scheme which is granted to everyone.

As the Constitution guarantees that every person should get an Equal Opportunity in the Public Employment it is Mandate. This means that with Equal Opportunity to take part in the selection process.

But in Compassionate Employment, person don’t need to pass the selection process, they don’t need to fulfill the Eligibility Criteria merely on the basis that one Government Employee has unexpectedly died and so the Scheme of Compassionate Appointment is Restricted.

The Madras High Court observed that Compassionate Appointment is just a Concession and not a Right which can be Claimed.

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