The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st Respondent in connection with the impugned order of rejection passed by him in his proceedings Na.Ka.No.2593/Aa2/2010 dated 19.08.2010 and quash the same as illegal and arbitrary and consequently direct the 1st respondent to consider the petitioner's case for appointment in any suitable post based on his qualification under compassionate ground, within the time limit that may be stipulated by this Court.
2.The petitioner's father who was employed under the respondents, died in 1989, leaving behind his wife, petitioner/son and three daughters as legal heirs. It is the claim of the petitioner that his mother is an illiterate and therefore, after attaining majority, he applied for compassionate appointment in the year 2007 and that the said application was rejected, against which, the petitioner filed appeal and the same was rejected by the impugned order dated 19.08.2010, which is more than two decades from the date of demise of the petitioner's father. According to the petitioner, when the dependant of the deceased employee is a minor at the time of death of the employee, he is entitled to make an application on attaining the age of 18 years and the time limit of three years runs from the date on which he attained majority.
3.The respondents 1 and 2 have filed separate counter affidavits. The 2nd respondent has stated that though the impugned order has been passed citing the reason that the petitioner did not make any application within three years, the fact remains that it was rejected stating that since the elder member of the deceased family did not claim compassionate appointment, the family of the deceased is not under poverty. Further, the petitioner attained majority in 2003, but he chose to make applicaion only in 2007. Therefore, the claim of the petitioner is hit by inordinate delay
4.From the records, it appears that the application has been made only in the year 2007 by the petitioner and that there is an order of rejection by the authorities concerned which is impugned herein. Admittedly, there is a delay in seeking compassionate appointment and respondents have rightly rejected the request.
5.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 dehors 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."
6.In view of the above, I find no merit in this writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, M.P(MD)No.1 of 2014 is closed.
To
1) The District Educational Officer, Sivagangai District, Sivagangai.
2) The District Elementary Educational Officer, Sivagangai District, Sivagangai..