[Judgment of the Court was made by G.R.SWAMINATHAN,J.] This Writ Appeal is directed against the order dated 24.03.2016 made in W.P.(MD).No.5433 of 2016, filed by the respondent herein.
2.According to the respondent, her father was working as Sub Inspector of Police (SI-1095) and he passed away on 31.08.2014, while in service. He died leaving behind the writ petitioner, her sister and the mother of the writ petitioner as his legal heirs.
3.According to the writ petitioner following her father's demise, She is only taking care of her mother. Therefore, she applied for being appointed on compassionate grounds. But, the request of the writ petitioner was rejected by order dated 27.11.2015, on the ground that a married daughter is not eligible to get appointment on compassionate grounds. Hence, she filed W.P.(MD).No.5433 of 2016.
4.The learned Judge following earlier precedents held that the marriage of the daughter cannot act as a disqualification for getting compassionate appointment. Since the ground of rejection was found to be unsustainable, the order of rejection was set aside and the writ petition was allowed and the Inspector General of Police, Technical Services, Mylapore, Chennai-4 was directed to provide appointment to the writ petitioner on compassionate ground. Aggrieved by the same, the present appeal has been filed.
5.We agree with the Learned Judge that the marriage of a daughter cannot act render her disqualified to seek compassionate appointment. It would be a clear violation of
Article 14 of the Constitution. But, the issue cannot be resloved only on the said footing. The object of providing compassionate appointment is to relieve the family from economic distress following the death of the sole breadwinner.
6.In the present case, the father of the writ petitioner passed away in 2014, but some fifteen years ago, the writ petitioner got married and she is also having two children. The writ petitioner had not only moved out of the family, but also was on her own with her husband and her two children. She cannot be construed as a dependant of her father, when he passed away. Compassionate appointment is given only on fulfilment of all the relevant criteria. Merely because, the sole ground of rejection was found to be unsustainable, a direction cannot be issued to provide compassionate appointment to the applicant. It is obvious that a person, who was not dependant on the deceased cannot make a claim for compassionate appointment.
7.As rightly contended by the learned Special Government Pleader for the appellant, the learned Judge at best could have remitted the matter to the authority for considering the claim of the writ petitioner afresh with reference to other criteria for compassionate appointment. The learned Judge was clearly in error in directing the appellants to appoint the writ petitioner on compassionate grounds.
8.In the present case, the writ petitioner had not made available any material to show that she is in indigent circumstances. Looked at from any angle, the order of the Learned Judge is unsustainable.
9.We therefore set aside the order dated 24.03.2016 made in W.P.(MD).No.5433 of 2016. The Writ Appeal stands allowed. No costs. Consquently the connected miscellaneous petition is closed.
To:
1.The District Elementary Educational Officer, Sivagangai, Sivagangai District.
2..The Assistant Elementary Educational Officer, Ilayagudi, Sivagangai District.
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