Judgment 1. One Mr. Mariya Luis was a Soldier in Indian Army for about 14 years. While in service, he died on 19.12.2004, leaving behind the petitioner, his daughter and his aged parents without means of any livelihood . The petitioner, thereafter, made an application to the second respondent on 25.04.2006 seeking employment on compassionate ground on account of the demise of her husband. The District Collector, Salem, by his proceedings in Na.Ka.No.14341/2012 A4, dated 15.07.2013, forwarded a proposal to the 4th respondent to appoint the petitioner as Revenue Assistant under the 4th respondent. Having considered the same, by his proceedings in Na.Ka.No.4574/2013/C1, dated 23.08.2013, the 4th respondent rejected the said request on the ground that there is no Scheme available with the 4th respondent to make such compassionate appointment. Thereafter, the petitioner made several representations to the respondents, but of no avail. Therefore, the petitioner is now before this Court with this writ petition, seeking to quash the above said proceedings of the 4th respondent and for a further direction to the respondents to appoint her as Revenue Assistant in the 4th respondent's office on compassionate grounds. 2. When this writ petition came up for hearing on 03.02.2014, the learned Government Advocate entered appearance. It was again taken up for hearing on 02.06.2014, on which date, this Court instructed the learned Additional Advocate General to inform this Court as to whether there is any Scheme available with the State Government to provide employment for the dependants of the members of the Armed Forces, who lay down their life for the sake of the country. Mr. PH. Aravindh Pandian, the learned Additional Advocate General assured to inform this Court about the views of the Government. The matter was again take up on 09.06.2014, on that occasion also, the learned Additional Advocate General took time to get further instructions from the Government. The Registry was directed to forward a copy of the said order to the Chief Secretary, Government of Tamil Nadu and also to the Government Pleader of this Court for responding to the request of the petitioner. But, there has been no response from the Chief Secretary. 3. In view of the nature of the relief sought for in this writ petition, I am not inclined to grant any more time for the Government to respond to the Court. But, there has been no response from the Chief Secretary. 3. In view of the nature of the relief sought for in this writ petition, I am not inclined to grant any more time for the Government to respond to the Court. Therefore, I proceed to dispose of the writ petition on merits. I have heard the learned counsel for the petitioner and the learned Additional Advocate General appearing for the respondents. 4. The people of this country remain secured because of the yeoman and selfless services rendered by our Armed Forces and other agencies, who guard the country at the borders. In that process, unfortunately, many become martyrs by laying down their lives for the sake of safety and security of this nation. In our experience, we have seen that the Government of India and the State Governments have shown their utmost concern for the families of those warriors, who have scarified their lives while in action against the enemies of our country and have extended all possible help. There are also other set of members of Armed Forces, who die, not in action, but due to some other causes while in service. The families of many such members of Armed Forces who die in harness are left with no means of livelihood. The dependants of such brave men struggle even for food, shelter, clothing and for education of their children. 5. It may be said that it is for the Central Government to take care of the dependants of such members of Armed Forces. In my considered opinion, such a stand cannot be appreciated, because every citizen of this County should have concern for the dependants of the members of the Armed Forces, who lay down their life for the safety and security of the country. It is not unknown that these fellow citizens guard the country in the border even in high altitudes of the Himalayas suffering from extreme cold and heat. In the past, it has been reported widely that in many cases, the State Government has extended monetary help to the family members of such brave men who have become martyrs. I would only say that the dependants of the family members require some more compassion by providing employment on compassionate grounds by the State Government also, as it is given to the dependants of the members of the employees of the Tamil Nadu Government. I would only say that the dependants of the family members require some more compassion by providing employment on compassionate grounds by the State Government also, as it is given to the dependants of the members of the employees of the Tamil Nadu Government. 6. When some of the Schemes providing for compassionate appointments were challenged before the Hon'ble Supreme Court alleging violation of Article 16(2) of The Constitution of India, the Hon'ble Supreme Court negatived such contentions. In Auditor General of India v. G. Ananta Rajeswara Rao, 1994 (1) SCC 192 , the Hon'ble Supreme Court has held that the appointment on grounds of descent clearly violates Article 16(2) of the Constitution, however, if the appointments are confined to the son/daughter or widow of the deceased government employee who die in harness provided the family needs immediate help as there is no other earning member in the family to supplement the loss of income on account of the demise of the bread-winner of the family the scheme is constitutionally valid. Similar view has been taken in Umesh Kumar V. State of Andhra Pradesh, 1994 SCC (4) 138 : JT 1994 (3) 525. Thus, the Hon'ble Supreme Court as well as this court have approved such schemes as constitutionally valid. 7. As a matter of fact, the Government of India issued Official Memorandum in O.M.No.14014/6/94-Estt(D), dated 09.10.1998 providing a scheme for Compassionate Appointment under the Central Government. Subsequently, number of instructions on compassionate appointments under the Central Government were issued. The content of important / relevant Official Memorandums and orders on the subject were all consolidated by the Central Government for the facility of reference and guidance and accordingly yet another Official Memorandum in F.No.14014/02/2012-Esst.(D), dated 16.01.2013 was issued . As per this memorandum / scheme for compassionate appointment, the dependant family members of the members of the armed forces who die while in service or if killed in action or if medically boarded out and if found unfit for civil employment, are entitled for being considered for appointment on compassionate ground under the Department / Ministry of Defence. 8. Undoubtedly, under this scheme, the petitioner is entitled for being considered by the Ministry of Defence for appointment on compassionate grounds. Now the question is whether the same would deter the State Government from offering employment to the petitioner on compassionate grounds. 8. Undoubtedly, under this scheme, the petitioner is entitled for being considered by the Ministry of Defence for appointment on compassionate grounds. Now the question is whether the same would deter the State Government from offering employment to the petitioner on compassionate grounds. The answer to this question is an emphatic “No”. Indisputably, the State Government, in exercise of its executive power can provide employment for such indivudals on compassionate grounds. 9. Now the next question is, whether this Court can issue a positive direction to the State Government to provide employment on compassionate grounds to the petitioner. In this regard, I may refer to the Judgment of the Hon’ble Supreme Court in Life Insurance Corporation of India Vs. Mrs. Asha Ramachandra Ambedkar and others reported in JT 1994(2) S.C. 183, wherein the Hon’ble Supreme Court has held that the High Courts and Administrative Tribunals cannot give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment. 10. In view of the said settled position of law, I am of the view that though this Court cannot issue any positive direction to the Government of Tamil Nadu to appointment the petitioner on compassionate grounds, this Court can certainly direct the State Government to consider the request of the petitioner for appointment on compassionate grounds. But, admittedly there is no scheme in operation from the Government of Tamil Nadu to provide employment to a dependant family member of a deceased member of armed forces. Nevertheless, in my view, it is possible for the Government of Tamil Nadu in exercise of tis executive power to consider the request of the petitioner and to issue an order providing employment to the petitioner on compassionate grounds, outside the purview of the rules or regulations governing the services in the State. 11. When the State Government has rightly shown its compassion by evolving a scheme for providing employment for the dependant family members of the deceased State Government employees, by way of showing similar compassion towards the family members of the armed forces, the Government may consider to evolve a special scheme so that the dependants of the deceased members of the armed forces and other Central Government forces such as B.S.F. may have a choice of either securing employment under the Ministry of Defence or from the State Government. Such scheme may cover only those members of the armed forces and B.S.F. who hailed from the State of Tamil Nadu and not for others, because in respect of others, it is for the respective State Governments to consider the issue. I am hopeful that the State Government will consider this suggestion. 12. In view of the foregoing discussions, this writ petition is disposed of in the following terms:- i) The first respondent/Secretary to Government is directed to consider to preside employment to the petitioner on compassionate grounds after verifying as to whether the petitioner requires such compassion on account of her family circumstances. Such order shall be issued by the Government, within a period of four months from the date of receipt of a copy of this order. ii) It is also suggested to the Government that the Government may consider to bring in an appropriate Scheme for providing compassionate appointment for the dependants of the members of the Armed Forces, hailing from Tamil Nadu, who die, while in service either in action or otherwise. No costs. Connected miscellaneous petitions are closed.