The Hindu : Tamil Nadu / Chennai News : Plea for compassionate appointment rejected

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Friday, Aug 01, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Plea for compassionate appointment rejected

K.T. Sangameswaran

CHENNAI: There is no right to obtain compassionate appointment and the Supreme Court has held that such appointments, granted under the provisions of Articles 14 and 16 of the Constitution, cause great injustice to the vast majority of the unemployed, who have to compete along with others for getting jobs, the Madras High Court has said.

Allowing a writ appeal by the Tamil Nadu Electricity Board, challenging the order of a single Judge, the First Bench, comprising Chief Justice A.K. Ganguly and Justice F.M. Ibrahim Kalifulla, said the so called right to compassionate appointment was a very weak one.

It was allowed only to give the family in distress some benefit to tide over immediate financial crunch following the sudden demise of the sole breadwinner.

D.V. Cholan of Krishnagiri had submitted that his father D.K. Venkatesan died in harness in 2001 while working as Revenue Supervisor at O and M, (TNEB) Elathagiri, Krishnagiri district, following a prolonged illness. Mr. Cholan said that he possessed a Diploma in Civil Engineering and had enrolled for BBA. Bogged down by family responsibilities and financial difficulties, he could not pass the degree course.

His father had left behind huge debts. After his demise, within the stipulated three years, he had sought appointment in TNEB on compassionate grounds. The claim was rejected.

His writ petition was allowed by a single judge, who directed the Chief Engineer (Personnel), TNEB, to consider the case and appoint him to a suitable post on compassionate grounds. The TNEB preferred an appeal.

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