This writ petition has been filed, seeking a direction to the respondent to appoint the Petitioner's younger daughter in a suitable post on compassionate ground within the period stipulated by this court.
2.Mr.D.Sivaraman, learned counsel takes notice for the respondent. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.
3.The Petitioner has submitted that she made a representation on 20.02.2007 itself to provide employment on compassionate ground for her minor daughter. Almost a decade has gone by and that the minor girl to whom the mother has sought for employment was 12 years as on the date of demise of the Petitioner's husband/father of the person to whom employment is sought for. The girl has now attained major and thereafter, she has not made any request seeking the relief of compassionate appointment.
4.At this juncture, it is relevant to point out paragraph No.20 of a decision reported in (2011) 4 SCC 209, Bhawani Prasad Sonkar vs. Union of India and others, wherein the Hon'ble Apex Court has held as follows:-
"20.Thus while considering a claim for employment on compassionate ground, the following factors have to be borne in mind:
(i)Compassionate employment cannot be made in the absence of rules of regulations issued by the Government or a public authority. The request is to be considered strictly in accordance with the governing scheme, and no discretion as such is left with any authority to make compassionate appointment de-hors the scheme.
(ii)An application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time.
(iii)An appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the breadwinner while in service. Therefore, compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee's family at the time of his death or incapacity, as the case may be.
(iv)Compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee viz. Parents, spouse, son or daughter and not to all relatives, and such appointments should be only to the lowest category that is Class III and IV posts."
5.Taking note of the fact that there is delay in filing the application immediately after the demise of her father and secondly, the girl has now attained majority and she alone can seek for compassionate appointment,this Court is of the view that the mother/the Petitioner herein has no locus-standi to file this Writ Petition. Now the employment sought for, after a delay of 10 years from the date of so-called application, the Petitioner has come forward with this Writ Petition for redressal of his grievance, which cannot be considered on the sole ground of delay, apart from the decision cited supra, this Court is not inclined to entertain the present Writ Petition.
6.Accordingly, the Writ Petition stands dismissed. No costs.
To:
The General Manager, Tamil Nadu State Transport(Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Karaikudi, Sivagangai District..