|“Question of giving compassionate employment to well-settled family does not arise”|
MADURAI: A family member of every Government employee who dies in service cannot be appointed on compassionate grounds irrespective of the family’s economic status, the Madurai Bench of the Madras High Court has held.
Justice K. Chandru passed the ruling while dismissing a writ petition filed by the second son of an office assistant who died in service in 1999. The petition was directed against the Tuticorin District Collector’s refusal to grant compassionate appointment on the ground that his elder brother was employed in an industry.
On perusing the records, the Judge found that the petitioner’s elder sister was already married and living separately. The elder brother was employed as an engineer with Tuticorin Alkali Chemicals and Fertilizers (TAC). Hence, the question of granting compassionate employment to such a well settled family did not arise, he said.
“It must be noted that the compassionate scheme is an exception to Articles 14 (equality before law) and 16 (equality of opportunities in matters of public employment) of the Constitution and it is not a new source of recruitment,” Mr. Justice Chandru said.
The Government had already considered all relevant facts applicable to the case and declined to grant compassionate appointment to the petitioner. Under the circumstances, there was no power vested on this court to direct the respondents to appoint the petitioner on compassionate ground and de hors the scheme, the Judge added.
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