JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 4th respondent in Na.Ka.No.2608/A1/2012 dated 18.03.2013 quash the same and consequently direct the 4th and 5th respondents to provide employment to the petitioners under compassion.) 1. The order of rejection dated 18.03.2013 rejecting the claim of the writ petitioner is under challenge in the present writ petition. 2. The petitioner states that her father Mr.P.Ramanujam was working as Head Master in the 6th respondent school and died on 25.09.1997, while he was in service. The petitioner was a minor at the time of death of her father, her mother submitted an application on 11.09.2000 seeking appointment on compassionate ground. The said application was not considered by the authorities as the petitioner was minor and not eligible for employment. The petitioner had submitted an application on attaining the age of majority and admittedly after a lapse of 3 years from the date of death of her father. In this regard, the learned counsel for the petitioner made a submission that the mother of the petitioner made an application within a period of three years. However, the mother has not sought for appointment and the application was submitted to provide appointment to the petitioner. 3. Admittedly, the petitioner was not eligible during the relevant point of time and after attaining the majority, she approached the authorities for providing the appointment. The authorities had rejected the application through the impugned order dated 18.03.2013 stating that the petitioner got married and she is residing separately along with her husband. That apart, the mother of the petitioner was receiving the family pension of about Rs.1,25,000/- per year. There is no legal heir to the deceased employee. It is contended that out of 2 legal heirs, the writ petitioner got married and settled along with her husband and the mother of the writ petitioner was receiving the family pension and therefore the authorities are of the opinion that the family was not in indigent circumstances and consequently, the claim for appointment was rejected. 4. The learned counsel for the petitioner mainly contended that mere receipt of family pension is not a ground to reject the benefit of appointment on compassionate ground. 4. The learned counsel for the petitioner mainly contended that mere receipt of family pension is not a ground to reject the benefit of appointment on compassionate ground. The petitioner was all along approaching the authorities to provide the appointment and even after marriage, the family is in indigent circumstances and thus, the case of the writ petitioner is to be considered. 5. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contention by stating that the petitioner is now aged about 38 years and she got married long back and settled along with her husband separately. The mother of the petitioner was receiving family pension and even in the year 2014, the authorities found that the family was not in indigent circumstances. Accordingly the application was rejected thus there is no infirmity in the order passed by the authorities. 6. The scheme of compassionate appointment was introduced to mitigate the circumstances arising on account of sudden demise of the Government Employee. Compassionate appointment is not a regular appointment, nor an appointment under the constitutional scheme. It is a concession granted to the Government employees on certain exceptional circumstances. Thus, the compassionate appointment can never be claimed as a matter of right and only if a person is entitled under the terms and conditions, then alone the scheme can be extended, but not otherwise. Equal opportunity in public employment is a constitutional mandate. All appointments are to be made in accordance with the rules and by providing equal opportunity to participate in the process of selection. 7. As far as the compassionate appointments are concerned, no selection is conducted, no suitability or eligibility is tested, but persons are appointed merely based on death of an employee. Therefore, compassionate appointment is to be restricted in the interest of the efficient public administration. No doubt, the Government has also restricted the compassionate appointments and it is to be extended only to the deserving family and more so, after a lapse of many years. Providing compassionate appointment after a lapse of many years would not only defeat the purpose and object of the scheme, but also the penurious circumstances arose on account of the sudden death became vanished. Thus, the lapse of time is also a ground to reject the claim for compassionate appointment. Providing compassionate appointment after a lapse of many years would not only defeat the purpose and object of the scheme, but also the penurious circumstances arose on account of the sudden death became vanished. Thus, the lapse of time is also a ground to reject the claim for compassionate appointment. Number of judgments are delivered by this Court and the Government has also issued revised instructions for providing compassionate appointment in G.O.(Ms) No.18, Labour and Employment (Q1) Department, dated 23.01.2020. 8. Even recently, the Hon'ble Supreme Court in the case of State of Uttar Pradesh and Others vs. Premlata [ (2022) 1 SCC 30 ], has made observations in respect of implementation of the scheme of compassionate appointment and the relevant portion of the observations are extracted hereunder: “8. While considering the issue involved in the present appeal, the law laid down by this Court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision, this Court in State of Karnataka vs. V.Somayashree [(2021) 12 SCC 20], had occasion to consider the principle governing the grant of appointment on compassionate ground. After referring to the decision of this Court in N.C.Santhosh vs. State of Karnataka [ (2020) 7 SCC 617 ], this Court has summarized the principle governing the grant of appointment on compassionate ground as under: 10.1. That the compassionate appointment is an exception to the general rule; 10.2. That no aspirant has a right to compassionate appointment; 10.3. The appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India; 10.4. Appointment on compassionate ground can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy; 10.5. The norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for compassionate appointment. 9. As per the law laid down by this Court in a catena of decisions on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. 9. As per the law laid down by this Court in a catena of decisions on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right. 9.1. In the case of H.P. v. Shashi Kumar [ (2019) 3 SCC 653 ], this Court in paras 21 and 26 had an occasion to consider the object and purpose of appointment on compassionate ground and considered decision of this Court in Govind Prakash Verma vs. LIC [ (2005) 10 SCC 289 ], it is observed and held as under: “21. The decision in Govind Prakash Verma, has been considered subsequently in several decisions. But, before we advert to those decisions, it is necessary to note that the nature of compassionate appointment had been considered by this Court in Umesh Kumar Nagpal v. State of Haryana [ (1994) 4 SCC 138 ]. The principles which have been laid down in Umesh Kumar Nagpal have been subsequently followed in a consistent line of precedents in this Court. These principles are encapsulated in the following extract: “2. … As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved viz. relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned.” “26. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned.” “26. The judgment of a Bench of two Judges in Mumtaz Yunus Mulani v. State of Maharashtra, (2008) 11 SCC 384 : (2008) 2 SCC (L&S) 1077 has adopted the principle that appointment on compassionate grounds is not a source of recruitment, but a means to enable the family of the deceased to get over a sudden financial crisis. The financial position of the family would need to be evaluated on the basis of the provisions contained in the scheme. The decision in Govind Prakash Verma v. LIC, (2005) 10 SCC 289 : 2005 SCC (L&S) 590 has been duly considered, but the Court observed that it did not appear that the earlier binding precedents of this Court have been taken note of in that case.” 9. With the above observations, the writ petition sands dismissed. No costs. Connected miscellaneous petition is also closed.