HC upholds TN circular on compassionate appointments

Chennai, Oct 26 (UNI) The Madras High Court upheld a Tamil Nadu government circular fixing the outer limit of three years from the date of death for filing application for employment on compassionate grounds.

A Divison Bench comprising Chief Justice A P Shah and Mr Justice K Chandru, upheld the April six, 2002 circular while allowing two writ appeals from the TNEB, challenging a single judge's order directing it to appoint sons of two employees who died in harness, after expiry of the three year period.

'The Court cannot direct appointment on compassionate grounds, de horse. The provisions of the scheme in force are governed by rules, regulations and instructions,' the Bench said.

If in a case, the government concerned department declined to deviate from the mandate of the scheme or relax stipulations, the Court could not compel it to exercise its jurisdiction in a particular way by relaxing essential conditions, that too when there was no violation of rights of parties.

The Bench said the purpose of providing employment to a dependant of a government servant dying in harness in preference to others was to mitigate hardship to the employee's family. Such employment was permissible on compassionate grounds provided there were rules for it. None of these considerations could operate when the application was made after the expiry of the stipulated period following the death of the employee.

UNI XR-GV AA RR RN1745