CHENNAI:The Madras High Court has directed the Director of Public Health and Preventive Medicine (PHPM) to provide employment to a widow on compassionate grounds. Her representation seeking ‘any post including that of a sweeper’ had been rejected on the ground that she was overqualified for the job.
In her petition, S Parameswari submitted that her husband was a working as sweeper at a primary health centre in Erode district. He passed away on June 1, 2011 while in service, leaving behind Parameswari and two children.
A Commerce graduate, Parameswari made a representation seeking employment on compassionate grounds. Though she is eligible for the post of junior assistant, Parameswari pleaded with authorities to provide her any job, including that of a sanitary worker.
However, Parameswari’s request, which was forwarded by the deputy director of health service, Dharapuram, recommending her for compassionate appointment, was rejected by the director of PHPM on the ground that she was overqualified for the post of sanitary staff.
Later, Parameswari approached the High Court seeking relief.
When the petition came up for hearing, Justice D Hariparanthaman said, “The impugned order proceeds erroneously, as if she wanted the post of sanitary worker. She cried for any post, including the post of sanitary worker.” The reliance placed by the director of PHPM on a August 1989 GO to deprive the claim of the petitioner was totally misconceived, the court held.
The said GO provides guidelines that the department could not provide compassionate appointment to the dependent of the government servant to a lower post when the dependent possesses the qualification required for the post of junior assistant/typist.
This cannot be read as to mean that it was a disqualification for appointing the petitioner to the post of sanitary worker, the judge said.
After being appointed as sanitary worker, the petitioner shall be provided appointment to the post of junior assistant as and when the vacancy arises, the judge added.