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2008 DIGILAW 1346 (MAD)

M. Panchamirtham & Another v. Registrar Central Administrative Tribunal Chennai & Others

2008-04-22

K.CHANDRU, P.K.MISRA

body2008
Judgment :- K. Chandru, J. Heard the arguments of Mr. L. Chandrakumar, learned counsel appearing for the petitioners and Mr. P.H. Arvindh Pandian, learned counsel for respondents 2 to 5 and have perused the records. 2. The petitioners are wife and son of late K. Muthu. The said Muthu, who was working as Senior Gang Man in the Southern Railways, got medically incapacitated on 30.5.1990 and later, he died on 24.01.1995. The said Muthu submitted a representation for appointment of his son, who is the second petitioner, on compassionate ground. At that time, the second petitioner was a minor. 3. The first petitioner submitted a further representation on 23. 1998. The official respondents rejected the claim on 28. 1998 and on 29. 2002. This order dated 29. 2002 was challenged before the Central Administrative Tribunal [for short,CAT] in O.A. No. 307 of 2004 after a period of two years. 4. The CAT, by an order dated 19. 2004, held that the Original Application made by late Muthu was for an appointment to his son on medical de-categorisation and that was not granted. Subsequently, an appointment was sought by the first applicant on compassionate ground on the death of her husband. The CAT rejected the same by stating that the petitioners were guilty of delay and laches not only in seeking appointment from the Department but also in moving the CAT. Against the dismissal of the said O.A., the present writ petition has been filed. 5. In State of Haryana and others v. Rani Devi and another [ 1996 (5) SCC 308 ], the Supreme Court while examining the object of compassionate appointment pointed out that the claim of the person concerned for appointment on compassionate ground is based on the premise that he was a dependant of the deceased employee. Strictly this claim cannot be upheld on the touchstone of Articles 14 or 16 of the Constitution of India. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service. That is why it is necessary for the authorities to frame rules, regulations or to issue such administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. 6. That is why it is necessary for the authorities to frame rules, regulations or to issue such administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. 6. In the decision reported in 1994 (2) SCC 718 [Life Insurance Corporation of India v. Asha Ramachandra Ambedkar (Mrs.) and another], it was pointed out that the High Courts and the Administrative Tribunals cannot confer benediction impelled by sympathetic considerations to make appointment on compassionate grounds when the regulations framed in respect thereof do not cover and contemplates such appointment. 7. In Umesh Kumar Nagpal v. State of Haryana and others [ 1994 (4) SCC 138 ], it was noted that as a rule in public service, appointment should be made strictly on the basis of open invitation of application and merit. The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means livelihood. In such cases, the object is to enable the family to get over sudden financial crisis. But such appointments on compassionate ground have to be made in accordance with the rules, regulations or administrative instructions taking into consideration the financial condition of the family of the deceased. 8. In Smt. Sushma Gosain and others v. Union of India and others [ 1989 (4) SCC 468 ], it was observed that in all claims of appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread-earner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress. The fact that the ward was a minor at the time of death of his father is no ground, unless the scheme itself envisages specifically otherwise, to state that as and when such minor becomes a major he can be appointed without any time consciousness or limit. 9. The fact that the ward was a minor at the time of death of his father is no ground, unless the scheme itself envisages specifically otherwise, to state that as and when such minor becomes a major he can be appointed without any time consciousness or limit. 9. In State of U.P. and others v. Paras Nath [ 1998 (2) SCC 412 ], it was held that the purpose of providing employment to the dependant of a Government servant dying in harness in preference to anybody else, is to mitigate the hardship caused to the family of the employee on account of his unexpected death while in service. To alleviate the distress of the family, such appointments are permissible on compassionate grounds provided there are Rules providing for such appointments. 10. In Punjab National Bank v. Ashwini Kumar Taneja, [ (2004) 7 SCC 265 ], the Supreme Court observed that appointment on compassionate ground is not a source of recruitment but merely an exception to the requirement of making appointments on open invitation of application on merits. The basic intention is that on the death of the employee concerned his family is not deprived of the means of livelihood. The object is to enable the family to get over sudden financial crisis. 11. In State of Haryana and others v. Rani Devi and another (cited supra), the Supreme Court observed as follows: “It was also impressed that appointments on compassionate ground cannot be made after lapse of reasonable period which must be specified in the rules because the right to such employment is not a vested right which can be exercised at any time in future.” [Emphasis supplied] 12. It is, thus, clear that the Courts cannot direct appointments on compassionate grounds de hors the provisions of the Scheme in force governed by rules / regulations / instructions. If in a given case, the department of the Government concerned declines, as a matter of policy, not to deviate from the mandate of the provisions underlying the Scheme and refuses to relax the stipulation in respect of ceiling fixed therein, the Courts cannot compel the authorities to exercise its jurisdiction in a particular way and that too, by relaxing the essential conditions, when no grievance of violation of substantial rights of parties could be held to have been provided otherwise. The purpose of providing employment to a dependant of a Government servant dying in harness in preference to anybody else is to mitigate the hardship caused to the family of the employee on account of his unexpected death while in service. To alleviate the distress of the family, such appointments are permissible on compassionate grounds provided there are Rules providing for such appointments. None of these considerations can operate when the application is made long after the death of the employee. The reason for making compassionate appointment, which is exceptional, is to provide immediate financial assistance to the family of a Government servant who dies in harness when there is no other earning member in the family. 13. In Sanjay Kumar v. State of Bihar and others [ (2000) 7 SCC 192 ], the Supreme Court has expressly held that there cannot be reservation of a vacancy till such time as the applicant becomes a major after a number of years, unless there are some specific provisions. The very basis of compassionate appointment is to see that the family gets immediate relief. An application made after the period stipulated under the scheme is not maintainable, and it is not permissible to hold that such application could be made after attaining majority. 14. In the light of the above binding precedents of the Supreme Court, the request of the petitioners cannot be considered. There is no illegality or infirmity in the impugned order passed by the CAT. Hence, the writ petition will stand dismissed. No costs.