Noting that requests for appointment on compassionate grounds should not be rejected by the government for delays on the part of the beneficiary, the Madras high court has asked the labour department to appoint a woman candidate in a suitable vacancy within two months.
Justice VDhanapalan, allowing the writ petition of R Sridevi, said: "There cannot be any reservation of vacancy till such time the petitioner becomes a major after a number of years. In the case on hand, since the sudden death of the government servant had left his family without any means of livelihood, I feel it justified that Sridevi can be accommodated in any suitable post as per her qualification, as against the post held by her father."
Sridevi's father, T Ruthirapathi, was working as an assistant in the National Filaria Control Unit in Chidambaram in Cuddalore district, when he died while on a pilgrimage to Sabarimalai in January 1992. He left behind his wife Padmavathi and three daughters - Kalamathi (24), Sridevi (10) and Jayachitra (8) then.
The family neither owned any property nor had other source of income. As the first daughter was already married, Padmavathi wrote to the authorities seeking compassionate ground appointment for Sridevi, as and when she became a major and obtained qualification. After Sridevi completed her SSLC in 1999, the first application was sent. Owing to delays besides a three-year ban on recruitment on compassionate grounds between 2003 and 2006, Sridevi did not get any job.
In response to the present writ petition, the government said the purpose of compassionate appointment was to tide over immediate financial crisis. In the present case, the application has come seven years after the death of Ruthirapathy. Rejecting the submissions, Justice Dhanapalan said though it was true that the appointment was meant to tide over sudden indigent circumstances, it must be noted that Sridevi's application was sent immediately after her attaining majority.
"Just because there is a delay in submitting the application, it cannot be said that the family of the deceased government servant has got over the indigent circumstances. In the given situation, it is very difficult for them to get two square meals a day. I am of the considered opinion that the family of the deceased government servant cannot be left in the lurch," Justice Dhanapalan said.
Justice VDhanapalan, allowing the writ petition of R Sridevi, said: "There cannot be any reservation of vacancy till such time the petitioner becomes a major after a number of years. In the case on hand, since the sudden death of the government servant had left his family without any means of livelihood, I feel it justified that Sridevi can be accommodated in any suitable post as per her qualification, as against the post held by her father."
Sridevi's father, T Ruthirapathi, was working as an assistant in the National Filaria Control Unit in Chidambaram in Cuddalore district, when he died while on a pilgrimage to Sabarimalai in January 1992. He left behind his wife Padmavathi and three daughters - Kalamathi (24), Sridevi (10) and Jayachitra (8) then.
The family neither owned any property nor had other source of income. As the first daughter was already married, Padmavathi wrote to the authorities seeking compassionate ground appointment for Sridevi, as and when she became a major and obtained qualification. After Sridevi completed her SSLC in 1999, the first application was sent. Owing to delays besides a three-year ban on recruitment on compassionate grounds between 2003 and 2006, Sridevi did not get any job.
In response to the present writ petition, the government said the purpose of compassionate appointment was to tide over immediate financial crisis. In the present case, the application has come seven years after the death of Ruthirapathy. Rejecting the submissions, Justice Dhanapalan said though it was true that the appointment was meant to tide over sudden indigent circumstances, it must be noted that Sridevi's application was sent immediately after her attaining majority.
"Just because there is a delay in submitting the application, it cannot be said that the family of the deceased government servant has got over the indigent circumstances. In the given situation, it is very difficult for them to get two square meals a day. I am of the considered opinion that the family of the deceased government servant cannot be left in the lurch," Justice Dhanapalan said.
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