2019 (4) TMI 1403

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....mpassionate basis to the respondent within a period of three months from the date of the order. The father of the respondent, who was working in the Union Ministry of Information and Broadcasting, died on 25 May 1996. The widow of the deceased employee made a representation for compassionate appointment. On 3 January 1997, the representation submitted by her was rejected. Thereafter, a fresh representation was made, which was considered and rejected in the Minutes of a Meeting held on 1 July 1999, which considered similar requests by several other employees. In 2007, the respondent initiated proceedings OA 430 of 2007 before the Madras Bench of the Central Administrative Tribunal. The Tribunal, by its order dated 26 June 2007, directed ....

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....n behalf of the appellants and Mr. Aravindh S., learned counsel appearing on behalf of the respondent. The primary difficulty in accepting the line of submissions, which weighed with the High Court, and were reiterated on behalf of the respondent in these proceedings, is simply this: Compassionate appointment, it is well-settled, is intended to enable the family of a deceased employee to tide over the crisis which is caused as a result of the death of an employee, while in harness. The essence of the claim lies in the immediacy of the need. If the facts of the present case are seen, it is evident that even the first recourse to the Central Administrative Tribunal was in 2007, nearly eleven years after the death of the employee. In the mea....

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....oyment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in nonmanual and manual categories and hence they alone can be offered on compassionate grounds, the ob....