CHENNAI: Appointment on compassionate grounds is substantial litigation in this court and the government should ensure that it takes an unbiased decision within six months so that the applicant will know where he stands. Justice S Vaidyanathan made the observation on June 10 while rejecting a plea from K Selvakumar praying for a direction to the Villupuram Collector to provide him the appointment following his father’s death in harness.
The judge also said that as a matter of right the applicant cannot demand appointment based on his higher qualifications. He shall be appointed in Class-IV posts as the Class-III posts are meant either for promotion or for direct recruitment and shall not be taken on compassionate appointment. In addition, the court expects the State to take into account the following suggestions and issue a GO immediately so that it can be given effect to from January 1 this year, the judge said.
The compassionate appointment shall be made within one year from the date of death of the government employee. The qualification for Class-IV staff can be completely relaxed for giving compassionate appointment. As held by the Supreme Court in 2011, the purpose of compassionate appointment is to meet the sudden crisis and there is no need to keep a post to claim after 18 years.
Therefore, it is clear that the request for appointment on compassionate ground for the child in the womb by seeking reservation of one post till it attains majority cannot be entertained. Whenever an application is made, it should be decided within three months. The officer concerned, who fails to keep up the schedule, should be removed and transferred to a non-sensitive post, the judge said.
The documents sought by the authorities should be uploaded by the application so that there would be no quarrel over non-consideration of vital documents while scrutinising. The applicant shall also furnish his/her cell number, email address, etc. to enable the authorities to communicate the order. In case compassionate appointment is considered other than for the spouse, then 25 per cent of the gross monthly income shall be directly paid to the spouse by way of NEFT or RTGS and the said gross income is subject to IT deductions.
Compassionate appointment shall not be considered as a back-door entry and it is based on rules, regulations, guidelines and Government Orders. However, it should be remembered that compassionate appointment is not an usual recruitment process and the candidates seeking such appointment will have to satisfy all requirements contemplated under the rules. However, it is subject to relaxation depending upon the circumstances of each case, the judge added.