TN Civil Services| Compassionate Appointment Plea Cannot Be Deferred/Rejected If No Vacancies Are Available; Must Be Forwarded To Department Where Vacancies Are Available: Madras HC
The Madras High Court stated that an application for a compassionate appointment cannot be deferred or rejected if there were no vacancies and such a request should be forwarded to a Department where a similar vacancy was available.
The Bench clarified that the intention of the Rule making authority was clear that compassionate appointment should not be denied to a family which was in “penurious circumstances” where for want of attaining the majority of the legal heir or dependant of the deceased employee family, if compassionate appointment could not be given immediately, the employer can consider such application and grant the same or extend the benefit of compassionate appointment to such a dependant or legal heir of the deceased employee of the family on his attaining the majority.
A Division Bench of Justice R.Suresh Kumar and Justice G.Arul Murugan observed, “However, in the name of following the seniority, endlessly the plea of the respondent/writ petitioner cannot be deferred or rejected and if there is no vacancy available in the particular Department, where he has sought for compassionate appointment, as per the existing procedure, the request of the respondent/writ petitioner be forwarded to the Department, where similar vacancy is available for considering such compassionate appointment, where his case can be considered and necessary orders to be passed.”
AGP D.Sadiq Raja represented the appellants.
The applicant had made an application for compassionate appointment following the demise of his father, who was employed as a B.T Assistant in a Government High School. The Applicant's mother submitted an application on his behalf seeking compassionate appointment. However, the Chief Educational Officer rejected this application due to the applicant's status as a minor at the time of application.
The Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, on March 8, 2023 governs compassionate appointments in state government employment. The Court explained that there was no minimum age limit for applicants at the time of application but clarified that appointments can only be made once the applicant reaches eighteen years of age.
The Court held that it was not mandatory that at the time of making the application seeking compassionate appointment, the applicant or for whom such an application has been made seeking compassionate appointment to have a minimum years of age, that means on behalf of a minor also the application can be made, however, such application even if it is considered, the appointment can be given to the dependant or legal heir only after he or she attains majority.
“When this intention of the Government has been made very clear under the Rule and the Rule has also been given to force with effect from 08.03.2023, thereafter, if the consideration is made in May 2023, in the case in hand, the Rule should have been applied and had it been applied, the application filed on behalf of the respondent/writ petitioner ought not to have been rejected by the employer,” the Court remarked.
Accordingly, the High Court disposed of the appeal.
Cause Title: The State of Tamil Nadu & Ors. v. C.Arnold
Appearance:
Appellants: AGP D.Sadiq Raja
