IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.08.2009 CORAM: THE HONOURABLE MR. JUSTICE T. RAJA WP.NO.19311 Of 2004 and WPMP.No.23236 of 2004 A.Gangeswaran, s/o.K.K.Angappan. .. Petitioner Vs. 1.The State of Tamil Nadu, Rep. by its Secretary to the Government, Environment & Forest Department, (Forest-I) Dept., Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator, of Forests, Panagal Building, 1, Jeenis Road, Saidapet, Chennai – 600 015. .. Respondents Prayer : Writ Petition is filed under article 226 of the Constitution of India praying to issuance of Writ of Certiorarified Mandamus directing the first respondent in his proceedings No.3335/Forest- 1/02-03 dated 02.05.20002 and quash the same and direct the respondents to consider and appoint the petitioner herein as Junior Assistant on Compassionate ground appointment in the Forest Department. For Petitioner : Mr.V.Velusamy. For Mr.M.A.Abdul Wahab For Respondents : Mr.S.N.Kirubanandam, Spl. G.P. (Forests) https://hcservices.ecourts.gov.in/hcservices/ O R D E R The present writ petition seeking a direction to the respondents to consider and appoint the petitioner herein as Junior Assistant on compassionate ground in the forest department by issuing proper appointment order. 2. The case of the petitioner A.Gangeeswaran s/o. K.K.Angappan is that while his father K.K.Angappan was working as Forester in the Forest Department under the second respondent died in harness on 16.06.1996. Since the petitioner was minor at the time, the petitioner's mother gave an application seeking an appointment on compassionate ground on 18.06.1996. Having seen the plight of the petitioner's family, the second respondent orally agreed to consider her request but since the present petitioner was minor at the time he was not able to get him appointed. 3. He was neither qualified educationally nor physically therefore, he had to wait to qualify himself for better job in the department, accordingly, the Petitioner later on, qualified by passing +2 examination. After getting the +2 passed certificate from the school, the petitioner made application on 30.05.2001 requesting the second respondent to consider the request of the petitioner for compassionate ground appointment in the second respondents office. 4. For the reasons that the application should be made within three years from the date of the death of the deceased in harness. The application dated 30.05.2001 was rejected by the respondents, in view of the rejection of the application refusing to consider his claim for compassionate ground, the present writ petition has been filed seeking the prayer mentioned in the petition. The object of giving compassionate appointment is only to help the poor family from sudden crisis, the purpose of providing appointment on compassionate ground is to medicate hardship due to sudden death of bread earner in a family such appointment should, therefore provided immediately to redeem the family stress. This court has repeatedly held, when the sole bread winner of the family dies in harness leaving the dependents and his family in terrible poverty, qualified people in the family has to be considered for the purpose of helping the family from the poverty. 5. The whole object of granting Compassionate Appointment is to enable the family to tide over the sudden crisis. The Government (or) Public Authority concerned has to examine the financial condition of the family of the deceased and it is only if it satisfied, that but for the provision of employment, the family will not be able to meet crisis that a job is to be offered to the eligible member of the family. https://hcservices.ecourts.gov.in/hcservices/ 6. It is a settled law that offering Compassionate Appointment as a matter of course irrespective of financial condition of the family of the deceased and making compassionate appointments in posts above classes III and IV, is legally impermissible. As a rule, appointments in the public services should be made strictly on the basis of open invitation of the applications and on merits. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities can take exceptions or relax qualifications in this regard. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interest of justice and to meet certain contingencies. One such exception is in favour of the dependents of employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into account of the fact that unless some sources of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. 7.Therefore, the whole object of granting Compassionate employment is only to enable the family to tide over the sudden crisis created all of a sudden by the death of the bread winner, member of the family. 8. The post in classes III and IV are the lowest post in non- manual and manual categories and hence they alone can be offered on compassionate grounds the object being to relieve the family, of the financial destitution and to help it get over the emergency. In such circumstances, the provision of employment in such lowest post by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependent of the deceased employee in such posts has a rational nexus with the object sought to be achieved i.e., relief against destitution. But at the same time, no other posts are expected or required to be given by the public authorities for the said purposes. 9. In the present case, the petitioner has been making representations right from the day his father's death on 18.06.1986. Subsequently, he also made his application on 30.05.2001 the reason for making such a belated application is understandable as he was not physically or mentally or educationally qualified till he passed the +2 examination. 10. Therefore, though the petitioner made a prayer that he should be considered to the post of Junior Assistant on compassionate ground in the forest department, this court is not inclined to give a https://hcservices.ecourts.gov.in/hcservices/ direction to appoint him as Junior Assistant but at the same time since the family requires timely assistance, this court is of the considered view that the request for appointment of the petitioner on compassionate ground in any post suitable to his qualification can be considered. 11. Accordingly, the writ petition is allowed, directing the second respondent to consider and appoint the petitioner on compassionate ground on any suitable post, commensurate to his educational qualification as on today and the same exercise shall be done within a period of 8 weeks from the date of receipt of a copy of this order. Further this court makes it clear this order will not be treated as a precedent in the same department. Consequently, the connected Miscellaneous Petition is also closed. Sd/- Asst. Registrar /True Copy/ Sub Asst.Registrar tsh To 1.The Secretary to the Government, The State of Tamil Nadu, Environment & Forest Department, (Forest-I) Dept., Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator, of Forests, Panagal Building, 1, Jeenis Road, Saidapet, Chennai – 600 015. + 1 cc to Spl. Govt. Pleader SR 38801 + 1 cc to M/s. M.A.Abdul Wahab, Advocate SR 38872 WP.No.19311 of 2004 SR (CO) RH (19.10.09) https://hcservices.ecourts.gov.in/hcservices/