Directs State to employ a person seeking job since 1993

A deceased government servant’s younger son cannot be denied public employment on compassionate grounds just because the elder happened to be employed in Dubai, the Madras High Court Bench here has ruled.

Allowing a writ petition, Justice R. Mahadevan said that the mere fact of a person having taken up a job in Dubai need not be associated with comfortable or luxurious living without ascertaining the nature of the job and pay package associated with it.

“Due to globalisation… unemployed youth are forced to move around the world to eke out their livelihood. Nobody knows the real status of a person employed abroad except him, that is to say, whether a person had taken up a white-collar job or menial job,” he added.

Referring to recent deportation of thousands of migrant workers from Saudi Arabia, the judge said that it would substantiate his conclusion that a job abroad need not necessarily mean that the employee and his family were not living in indigent circumstances.

Even otherwise, “it is common knowledge that once a person enters into a marital status, it is construed as a separate family.”

Therefore, the authorities could not deny job to an individual by citing economic status of his married elder brother who had relinquished the compassionate employment claim, he added.

“It may not be out of place to mention that once a person is married, he would take care of his wife and children at the first instance rather than his parental home. Gone are the days where the joint family system prevailed and shared happy moments on one terrace with twinkling stars,” the judge observed.

Further, pointing out that the writ petitioner R. Arulamudhan of Kanyakumari district had been knocking the doors of various authorities as well as the court seeking employment on compassionate grounds since 1993, the judge directed the State to appoint him in a suitable post within 12 weeks.

Recording the travails undergone by the petitioner as described by his counsel B. Saravanan, the judge said: “Getting compassionate appointment is always a do or die struggle for the dependants of the deceased. The case on hand is no exception.”

“Compassionate appointment is always a do or die struggle”