Petitioner sought compassionate appointment after his father's death; his case was thrice rejected by the Circle Relaxation Committee on relative merit points and lack of vacancies. The Tribunal upheld the rejections. The High Court confirmed the Tribunal's order and dismissed the writ petition.
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.
2024:MHC:3811
W.P.No.9443 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.9443 of 2019
M.Prabhu
... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 3 rd respondent in OA/310/01305/2018 dated 03.10.2018 and quash the same and direct the respondents 1 and 2 to appoint the petitioner on compassionate grounds in any suitable job and grant him all consequential benefits.
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For Petitioner : Mr.P.Rajendran For R1 & R2 : Mr.AR.L.Sundaresan Additional Solicitor General of India Assisted by Mr.R.Subramanian Central Govt. Standing Counsel For R3 : Tribunal
O R D E R
[Order of the Court is made by S.M.SUBRAMANIAM, J. ]
Under assail is the order dated 3rd October, 2018 passed in OA/310/01305/2018 on the file of the Central Administrative Tribunal,
Chennai Bench.
years leaving behind his wife, two sons and one daughter as legal heirs.
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on account of the sudden death of the father of the petitioner. Thus, the application made in time ought to have been considered pursuant to the directions issued by the Central Administrative Tribunal. Further, the relative merit points and the methodology adopted were not communicated to the petitioner, which resulted in institution of repeated original applications before the Tribunal.
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submits that the Circle Relaxation Committee has to consider all the applications and to determine the relative merits between the families of the applicants for the purpose of providing appointment on compassionate grounds. However, the case of the petitioner was considered thrice by the Committee and he was not within the zone of consideration. Therefore, order of rejections were issued. Whenever the Committee identify the eligible family for providing employment assistance, the same will be provided subject to availability of vacancies earmarked for compassionate appointments. The case of the petitioner will be considered, when the petitioner falls within the zone of consideration.
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Union of India.
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the family of the deceased employee. While so, the benefit is to be extended by assessing the penurious circumstances of the family and the other criteria fixed for providing appointment on compassionate grounds. Mere death of an employee alone is not a criteria for providing an appointment on compassionate grounds.
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not a right, this Court do not find any reason to interfere with the findings made by the Central Administrative Tribunal, which all are in consonance with the established principles to be adopted in the matter of providing an appointment on compassionate grounds. As rightly held by the Central Administrative Tribunal, if the case of the applicant is found within the zone of consideration as per the eligibility criteria fixed under the scheme of compassionate, it is to be considered by scrupulously following the terms and conditions.
19. With the above observations, the order impugned passed by the Central Administrative Tribunal / 3 rd respondent in OA/310/01305/2018 dated 03.10.2018 stands confirmed and the Writ Petition is dismissed. No
costs.
[S.M.S., J.] [M.J.R., J.] 04.11.2024
Index : Yes Speaking order / Non-speaking order Neutral Citation : Yes Jeni
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To
Chennai – 600 104.
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W.P.No.9443 of 2019
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
Jeni
W.P.No.9443 of 2019
04.11.2024
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2 issues framed by the court
Whether the petitioner's application for appointment on compassionate grounds should have been granted despite rejection by the Circle Relaxation Committee.
Whether the Tribunal was right in dismissing the third original application without directing reconsideration.
2 provisions across 1 enactments
M.Prabhu
The Union of India, Represented by The Chief Post Master General, Tamil Nadu Circle, Chennai
The Senior Superintendent of Post Offices, RMS 'T' Division, Tiruchirapalli
The Central Administrative Tribunal, Madras Bench represented by its Registrar, Chennai
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
