Authority Delays Compassionate Appointment for 15 Years- HC Slaps Rs 1 Lac Cost

A delay of fifteen years in leisurely considering and then ultimately rejecting an employment application for employment on compassionate grounds recently drew Madras High Court’s ire.

The Bench imposed one lakh costs on officials responsible for dealing with the said applications in an insensitive manner, noting that the authorities miserably failed to discharge their duty within time, which caused mental agony to the claimant.

Hon’ble Justice stated that the concerned authorities acted clandestinely to reject the said claim after fifteen years. He further observed that the officials’ cavalier approach in discharging their duty would dent the societal interest, and it should be viewed seriously.

The Court ordered that rupees one lakh cost will be recovered from salaries of the concerned officials should be paid to the claimant, and the recovery for the same should be within six months from the date of order.

Background:

The deceased person’s daughter made a claim. The deceased M Tamilarasu passed away in 1998, and at the time of his death, he was a PG Assistant at the Government Higher Secondary School in Kumaralingam.

At first, the deceased’s wife made an application urging that her son should be given employment. Still, the District Educational Officer rejected the application and stated that the son should have made the application.

After that, the wife made another application stating that her second daughter should be given the job; after nobody responded to her request, she also wrote to CM’s Special Cell.

When the District Education Officer rejected the application in 2016, the party approached the High Court.

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Court’s observations

The Bench noted that both the applications were moved within three years, which is the limitation period. The Court further stated that the course taken by the authorities could not be countenanced and required interference.

As per the Court, compassionate appointments are supposed to save families from the sudden financial crisis, and it should be decided on time.

A reference was made to National Hydroelectric Power Corporation vs Nanak Chand, wherein the COurt held that such cases should not be delayed.

Order:-

Therefore, the Bench set aside the rejection of the claim and remanded the case back to the authorities for fresh consideration.

The Court directed the authorities to decide the claim within eight weeks.

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