'No job on compassionate grounds'

CHENNAI: No recruitment can be made on compassionate ground, if there is no vacancy available and the court cannot be swayed by sympathetic considerations, the Madras High Court has observed.

Published: 08th May 2012 02:25 AM  |   Last Updated: 02nd June 2012 10:18 PM   |  A+A-

CHENNAI: No recruitment can be made on compassionate ground, if there is no vacancy available and the court cannot be swayed by sympathetic considerations, the Madras High Court has observed.

A division bench comprising Justices Elipe Dharma Rao and M Venugopal made the observation while allowing an appeal from the Central Excise department challenging the orders dated March 15, 2010 of the Madras bench of the Central Administrative Tribunal (CAT). In this case, a driver of the Central Excise died while in service in February 2005. His wife submitted an application for a suitable job for her eldest daughter on compassionate ground.

The authorities said there was no vacancy available for providing compassionate appointment.

Hence, she moved the Central Administrative Tribunal, which in 2010 said that considering the fact that the delay had occurred for want of vacancy and was not on the part of the applicant, the case might be reconsidered in the next available vacancy in Group ‘C’ or ‘D’ posts.

Aggrieved, the Commissioner of Central Excise preferred the appeal. The Bench said that ordinarily, an employment in public service as a rule could be made based on open competition and merit. Any other method would defeat Article 14 and 16 of the Constitution. To this general rule, there were a few exceptions to meet the needs of State ideals. As a matter of fact, the discernible orders of the executive authorities provided for a scheme to make compassionate appointments.

The main reason for providing appointment on compassionate ground bypassing the regular recruitment procedure through open competition, was that an individual appointee would maintain those who were the dependants in the family of the deceased employee. Such an appointment was to grant minimum relief to the family of the deceased employee. However, in law, a compassionate appointment cannot be made if there are no vacancies available.

Moreover, a court of law cannot be swayed away by sympathetic considerations, the bench said, and upheld the central excise order.

Stay up to date on all the latest Tamil Nadu news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp