IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06.10.2009 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.38092 OF 2006 (O.A.No.6830 of 1998) M.Rajaram .. Petitioner Vs. 1.The Commissioner & Secretary to Government, Labour and Employment Department, Fort St. George, Madras-9. 2.The Home Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Madras-9. 3.The Director General of Police, Rajaji Hall, Government Estate, Madras-2. 4.The Superintendent of Police, Villupuram Ramasamy Padayachiar Dist., Villupuram. .. Respondents This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records in Lr.No.27948/Ka.15/98-3, dated 24.4.1998 passed by the second respondent herein and to quash the same and to direct the respondents herein to refix the seniority in the waiting list of the applicant from the date of his first application, i.e. 24.3.1987 for compassionate appointment and to appoint him as Record clerk for which he is qualified. For Petitioner : Ms.V.Thenmozhi For Respondents: Mr.Neelakandan, GA - - - - ORDER Heard both sides. 2.The petitioner filed OA No.6830 of 1998 before the Tamil Nadu Administrative Tribunal, seeking to challenge an order, dated 24.4.1998 passed by the second respondent. By the said order, the petitioner was informed that he cannot be granted any appointment on https://hcservices.ecourts.gov.in/hcservices/ compassionate ground on the ground that the petitioner's name was kept in the seniority list as Sl.No.202 and if any vacancy arises in the police department, depending upon the vacancy and seniority list, he may be considered. 3.The petitioner was the son of one Manavalan, who was the police constable. He got retired on 1.1.1977 on medical invalidation. At the time of his retirement, he was 54 years old. As per the Government directive, dated 23.11.1982, the legal heirs of a person, who was medically invalidated, can get employment on compassionate ground only if he has not crossed the age of 50 years. Therefore, the petitioner was informed that he cannot be entitled for any compassionate appointment on the ground of his father was medically invalidated, since his father was 54 years old. 4.The petitioner filed W.P.No.13305 of 1994 before this court, seeking to challenge the said order. The said writ petition got transferred to the tribunal and was renumbered as T.A.No.80 of 1996. The Tribunal, without reference to any rule position, gave a direction stating that the Government letter, dated 23.11.1982 cannot stand in the way of the petitioner claiming benefit as per the earlier order of the Government and therefore, his claim should be considered. 5.When the same was not forthcoming, he filed a contempt application before the Tribunal in C.A.No.322 of 1998. The said contempt application was rejected by the tribunal, by an order, dated 27.7.1998. It was thereafter, the petitioner filed the present case before the Tribunal. In view of the abolition of the Tribunal, the matter stood transferred to this court and was renumbered as W.P.No.38092 of 2006. 6.On notice from the Tribunal, the respondents have filed a reply affidavit, dated 19.4.1999. In paragraph 10 of the reply affidavit, it was averred as follows: "10.Regarding the averments in paragraph 6 (vii) of the application, it is submitted that this Honourable Tribunal has issued direction in T.A.80/96 (W.P.13305/94) on 19-6-97 to the respondents to consider the claim of the applicant for appointment to a suitable post with reference to the orders issued in G.O.Ms.No.1025, Labour and Employment, dated 22-11-76 and hence his name was considered for appointment as Office Assistant on compassionate grounds. The applicant has to wait for this turn." 7.Even otherwise the petitioner has no matter of right to demand compassionate appointment only on the ground that his father was medically invalidated. Unless a scheme relating to compassionate appointment provides for such a contingency, the petitioner cannot as a matter of right seek compassionate appointment. https://hcservices.ecourts.gov.in/hcservices/ 8.In fact, a very similar issue came to be considered by the Supreme Court in V.Sivamurthy Vs. State of Andhra Pradesh and others reported in 2008 (13) SCC 730. In paragraph 35 of the said judgment, it was observed as follows: "35.The issue is not what is most advantageous to the government servant, but what is the actual term of the scheme. The question is not whether an interpretation which is more advantageous or beneficial to the government servant should be adopted. The question is whether the policy as it stands which is clear and unambiguous, is so unreasonable or arbitrary or absurd as to invite an interpretation other than the normal and usual meaning. Matters of policy are within the domain of the executive. A policy is not open to interference merely because the court feels that it is not practical or less advantageous for government servants for whose benefit the policy is made or because it considers that a more fairer alternative is possible. Compassionate appointment being an exception to the general rule of appointment, can only be claimed strictly in accordance with the terms of scheme and not by seeking relaxation of the terms of the scheme. The fact that on account of certain delays in processing the application, a government servant may lose the benefit of the scheme, is no ground to relax the terms of the scheme. If in a particular case the processing of an application is deliberately delayed to deny the benefit to the government servant, the inaction may be challenged on the ground of want of bona fides or ulterior motives. But where the time taken to process the application (through the Medical Board, District/State Level Committee and the Government) is reasonable, the government servant cannot contend that relief should be extended, even if the left over period is less than five years. Let us given an example. If an application for compassionate appointment on the ground of medical invalidation is given five years and one week before the date of superannuation, obviously the government servant cannot expect that the entire process of scrutiny, medical examination, recommendation and consideration at three levels should be completed in one week. He cannot contend that when he had made the application the left over period was more than five years and therefore his dependant is entitled to appointment. As stated above, these are matters of policy and the courts will not interfere with the terms of a policy, unless it is opposed to any constitutional or statutory provision or suffers from manifest arbitrariness and unreasonableness." https://hcservices.ecourts.gov.in/hcservices/ 9.In the present case, admittedly, the petitioner's father got medically invalidated only at the age of 54 years. He had admittedly crossed 50 years of age. Hence the petitioner is ineligible to get compassionate appointment. Further, the Supreme Court has time and again emphasised that compassionate appointment is not an another source of recruitment unless a scheme comes from the Government. 10.In the light of the above, this writ petition is misconceived and lacks in merit. Accordingly, the writ petition stands dismissed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar vvk To 1.The Commissioner & Secretary to Government, Labour and Employment Department, Fort St. George, Madras-9. 2.The Home Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Madras-9. 3.The Director General of Police, Rajaji Hall, Government Estate, Madras-2. 4.The Superintendent of Police, Villupuram Ramasamy Padayachiar Dist., Villupuram. 1 cc To The Government Pleader, SR.57540 W.P.NO.38092 of 2006 SSK(CO) SRA(23/10/2009) https://hcservices.ecourts.gov.in/hcservices/