Compassionate Appointment | Family Pension Of Deceased Employee Need Not Be Taken Into Account While Assessing Family Income: Madras HC

The Madras High Court has observed that while deciding applications for jobs on compassionate grounds, the family pension of the deceased employee need not be taken into account while assessing the family income.

In that context, the Bench of Justice L Victoria Gowri observed that, "A careful perusal of G.O(Ms)No.18 of the Labour and Employment (Q1) Department, dated 23.01.2020, would reveal that if any person, in the deceased Government Servant's family was employed even before the death of the Government Servant but was living separately without extending any help to the family, then the case of other eligible dependant will be considered. It is also mandated in the said G.O(Ms)No.18 of the Labour and Employment (Q1) Department, dated 23.01.2020, the family pension of the deceased employee need not be taken into account while assessing the family income."

Counsel KKK Kannan appeared for the petitioner, while AGP G Surya Ananth appeared for the respondents.

In this case, the petitioner, M. Yogamagi, had filed a Writ Petition under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus. The petition contested the 3rd respondent's order on February 17, 2022, which had rejected Yogamagi’s application for a job under compassionate grounds after the demise of his mother on December 19, 2018.

The petitioner’s mother, a Head Mistress in Panchayat Union Middle School at Uthappanayakkanur, Usilampatti Taluk, Madurai District, passed away on December 19, 2018. The petitioner’s father, who was living independently in Tiruppur before the mother’s death, was employed at Krishnapuram Amaravathy co-operative Sugar Mills as an Assistant.

In response to the rejection, the learned Special Government Pleader representing the respondents argued that the petitioner’s family was receiving a monthly pension of Rs.35,150/- after the mother’s death, and the petitioner’s father was drawing a substantial salary.

The High Court observed that the petitioner's application was not appreciated properly. In that context, it was observed that, "this Court is of the considered view that the petitioner's application ought to have been properly appreciated by the 3rd respondent, however, the said exercise was not properly done."

Subsequently, the Court directed the 3rd respondent to provide a suitable job to the petitioner under the compassionate ground, within a period of 12 weeks.

Cause Title: M Yogamagi vs The Secretary to the Government, Department of School Education & Ors.

Click here to read/download the Judgment