K.Dhivya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.02.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4241 of 2019 K.Dhivya ... Petitioner ..Vs..

1. The District Collector, Thiruvannamalai.

2. The District Educational Officer, Thiruvannamalai.

3. Head Master, Government Higher Secondary School, Arattavadi, Sengam Taluk, Thiruvannamalai District.

... Respondents PRAYER :

Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to provide employment to petitioner on compassionate grounds based on her educational qualifications. For Petitioner : Mr.V.Raghavachari For Respondents 1-3 : Mr.A.Rajaperumal Addl.Govt. Pleader

O R D E R

The grievances of the writ petitioner is that, on account of the sudden death of her father on 09.11.2015, the family of the writ petitioner was in penurious circumstances and accordingly, submitted an application seeking appointment on compassionate grounds. An application in this regard was submitted by the writ petitioner on 25.02.2017. However, the said application is not considered. Thus, the writ petitioner is constrained to move the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

2. Compassionate appointment is a concession. The scheme of compassionate ground is to be implemented strictly in accordance with the terms and conditions of the scheme. Undoubtedly, the scheme of compassionate appointments and its benefits are to be extended to the aggrieved person at the earliest possible and within a reasonable period of time. The very purpose of object of the scheme is to mitigate the circumstances arising on account of the sudden demise of a Government employee while he was in service. Thus, the Competent Authorities must consider the application seeking compassionate appointment within a reasonable period of time.

3. In the present case on hand, the employee died on 09.11.2015 and the application was submitted on 25.02.2017 within a period of 3 years and therefore, the 2nd respondent is directed to consider the application submitted by the writ petitioner seeking appointment on compassionate grounds on 25.02.2017, take a decision strictly in accordance with the terms and conditions of the scheme of appointment and pass orders within a period of 12 weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Pkn To

1. The District Collector, Thiruvannamalai.

2. The District Educational Officer, Thiruvannamalai.

3. Head Master, Government Higher Secondary School, Arattavadi, Sengam Taluk, Thiruvannamalai District.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.13382 +1cc to the Government Pleader, S.R.No. 14122 W.P.No. 4241 of 2019 SSD(CO) CS/26/03/2019 https://hcservices.ecourts.gov.in/hcservices/