Writ petition seeking compassionate appointment dismissed. Court upheld rejection because application was filed eleven years after the death of the employee, violating the three-year time limit for compassionate appointments.
Writ petition dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.16348 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.16348 of 2015
N.Satish Ambedkar
...Petitioner
-vs-
1.The Director of Public Health and Preventive Medicines,
Chennai – 600 006.
2.The Deputy Director of Health Services, Salem – 1.
....Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 19.01.2015 in reference No.R.No.105651/E4/2014/S3 passed by the 1st respondent and quash the same and consequently direct the respondents to appoint the petitioner in any of the respondent's department.
: For petitioner Mr.K.A.Mariappan
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W.P.No.16348 of 2015
For R1 and R2 : Mr.E.Sundaram,
Government Advocate O RDER
The refusal of the respondents to grant the compassionate
appointment to the petitioner herein is the subject matter of this writ proceedings.
the Government Primary Health Centre, Siruvachur and he died in harness on 18.02.1997, leaving behind him, his surviving wife and
the petitioner herein. At the time of the death of his father, the petitioner was a minor and therefore, his mother had given a representation dated 25.11.1999 that the petitioner may be provided employment on his attainment of majority.
he had made a representation dated 10.04.2007, requesting the respondents to grant him the compassionate appointment. The same
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W.P.No.16348 of 2015
was forwarded to the first respondent by the second respondent. Though the second respondent had directed the petitioner to give certain particulars, ultimately, there was no response, which constrained the petitioner to file a writ petition in W.P.No.26257 of
2014 on the file of this Court. This Court, by an order dated 25.09.2014, had directed the respondents to consider the representation of the petitioner dated 12.03.2007 and pass orders within a period of twelve weeks from the date of receipt of a copy of that order.
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W.P.No.16348 of 2015
early as in the year of 1997 and the application for the compassionate appointment was made only in the year 2007. As per the extant rules for the relief of compassionate appointment, the application should be made within a period of three years. The scheme of compassionate appointment is a back door entry and cannot be kept open indefinitely. Therefore, the first respondent had rightly rejected the claim of the petitioner and I see no reason to differ with the impugned order.
Accordingly, this writ petition stands dismissed. No costs.
10.07.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
To
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W.P.No.16348 of 2015
2.The Deputy Director of Health Services, Salem – 1.
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W.P.No.16348 of 2015
P.T.ASHA, J.,
ssa
W.P.No.16348 of 2015
10.07.2024
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2 issues framed by the court
Whether compassionate appointment can be granted when the application was made eleven years after the employee's death.
Whether the scheme of compassionate appointment can be kept open indefinitely despite the lapse of the statutory time limit.
Colour shows how this judgement treated each authority
W.P.No.26257 of 2014Referred¶30
N.Satish Ambedkar
The Director of Public Health and Preventive Medicines, Chennai
The Deputy Director of Health Services, Salem
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
