This Writ Petition has been filed, seeking a direction to the respondents to provide the Petitioner an employment on compassionate ground based on the Petitioner's educational qualification in their department in pursuance to the Petitioner's application, dated 12.11.2015.
2.Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.
3.The Petitioner submitted that her father died while in service on 18.01.2010 and the Petitioner herein is the third daughter of the deceased employee and she was a minor on the date of death of her father and her date of birth is 1.6.1995. Hence the Petitioner's mother, as wife of the deceased employee, has sought for employment on compassionate ground on 29.6.2012 and by order, dated 26.10.2014, she was given employment and the Petitioner has also filed the document relating to the same in the typed-set of papers. Thereafter, the Petitioner's mother made a representation to the authorities concerned requesting that she is unwell and her third daughter namely the Petitioner has attained majority and hence she may be given employment on compassionate grounds, as she is suffering from Asthma and allergy. There is a communication dated 4.5.2015 asking the Petitioner's mother to report for work by producing all relevant records. The Petitioner has further submitted that the Petitioner's mother has not joined duty due to her ill-health and there is no hard or fast rule that the Petitioner cannot be given employment on compassionate ground, as one of the family members is going to get employment and there is no hurdle for the authorities concerned to give employment to the Petitioner on compassionate ground.
4.In reply,the learned Special Government Pleader appearing for the respondents would submit that the the Petitioner's father passed away in the year 2010 and seven years have gone by and the Petitioner's mother has already been given employment on 26.12.2004 and there is a communication, dated 4.5.2015 requesting the Petitioner's mother to report for work by producing relevant records. For the best reason known to her, the Petitioner's mother failed to report for work. Now there is a representation seeking employment on compassionate grounds for the Petitioner. As rightly pointed out by the learned Special Government Pleader appearing for the respondents, the Petitioner has filed this Writ Petition only to overcome the situation of Petitioner's mother not reporting for work. The Petitioner's mother was already given employment. Further there is a delay of seven years in filing the present Writ Petition.
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 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."
6.For not reporting to work, the Petitioner's mother has to blame herself and she cannot shift the burden on the respondents. Since the relief sought for by the Petitioner for employment on compassionate grounds cannot be accepted as her mother has already been given employment by the authorities concerned. Further the Petitioner's mother failed to report for work even though a communication dated 4.5.2015 has been sent by the authorities concerned requesting her to report for work with relevant records. In the above facts and circumstances, the Petitioner's mother is directed to report for work before the authorities concerned within a period of one month from the date of receipt of a copy of this order, if not already reported for work.
7.With the above direction, the Writ Petition is dismissed. No costs.
To:
1.The Director General of Police, Mylapore, Chennai.
2.The Commandant, Special Police Betalian IX Unit, Manimutharu, Tirunelveli District..