W.P.No.

2345 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON : 22.08.2023

ORDERS PRONOUNCED ON : 19.09.2023

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND

W.P.No.2345 of 2020

V.Selvam .. Petitioner
Vs.

1.The Vice Chancellar,

The Tamil Nadu Agricultural University,
Coimbatore-641 003.

2.The Registrar,
The Tamil Nadu Agricultural University,
Coimbatore-641 003.

3.Professor and Head,

Oil Seeds Research Station,
Tindivanam, Villupuram District. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India,

praying for issuance of Writ of Certiorarified Mandamus, calling for the
records of the 2nd respondent passed in letter No.ALO/WP No.8346/2016
dated 11.01.2019 and the connected Letter No.ALO/WP No.8346/2016
dated 15.05.2019 of the 2nd respondent and set aside the same and

___________
Page 1 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

consequently direct the 2nd respondent to consider and appoint the

petitioner on compassionate grounds in the post of Driver (or) in any
other vacancy post in the respondent University.

For Petitioner : Mr.DJ.Adinarayanan

For Respondents : Mr.J.Ravindran

Additional Advocate General
assisted by
M.Vijaya Mehanath
Standing Counsel

ORDER
Heard Mr.DJ.Adinarayanan, learned counsel for the petitioner and

Mr.J.Ravindran, learned Additional Advocate General, assisted by

Mr.Vijaya Mehanath, learned Standing Counsel appearing for the

respondents and perused the record.

2. The case of the petitioner is that the petitioner's father, who was

working as Provincialised Unskilled Mazdoor (PUSM) in the Oil Seeds

Research Station, Tindivanam, which comes under the control of the 2nd

respondent, died on 07.04.2013 at the age of 58 years while in service.

The sudden demise of his father put the family to untold miseries. A

___________
Page 2 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

lumpsum amount of Rs.1,50,000/- was sanctioned to the mother of the

petitioner. The mother of the petitioner was appointed as labour in the 3rd

respondent's office in the year 1980 and she continued in service even

after the demise of the petitioner's father. Her services were regularised

on 09.09.2014. Due to ill health of the petitioner's mother, during blood

transfusion, at Government Hospital, Viluppuram, she was infected with

HIV virus. This was not known to her during the initial stage. Later it

was learnt during the blood test and due to this reason, she tendered her

resignation in the month of June, 2015 and the same was accepted.

3. Consequent to the death of the petitioner's father, the petitioner

submitted an application on 11.12.2014 seeking for employment on

compassionate grounds. The petitioner belongs to MBC. The sister and

brother of the petitioner also gave No Objection Certificate on

07.12.2014 to provide employment to the petitioner. The petitioner

studied up to SSLC and is holding heavy vehicle driving licence. As

such, he is eligible for appointment either for the post of Driver or any

other suitable job. On 09.06.2015, he sent another representation to the

___________
Page 3 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

2nd respondent. As no orders were passed by the respondents, the

petitioner filed W.P.No.8346 of 2016. The said writ petition was

disposed of on 01.11.2018 with a direction to the 2nd respondent to

consider the representation of the petitioner for compassionate

appointment within a period of six weeks and to intimate the decision

thereafter to the petitioner. In pursuance of the same, the 2 nd respondent

by proceedings dated 11.01.2019, rejected the request of the petitioner on

the ground that the petitioner did not submit the consolidated certificate

from the revenue authorities certifying that no other family member of

the deceased employee is in employment and the family of the deceased

employee is in indigent circumstances.

4. It is the case of the petitioner that the 2nd respondent has

instructed the petitioner to produce a consolidated certificate from the

revenue authorities. Due to certain discrepancies in the impugned letter

dated 11.01.2019, the petitioner sent reply notice dated 21.03.2019 to the

2nd respondent. Again the 2nd respondent issued letter dated 15.05.2019

informing and rejecting the claim of the petitioner. Aggrieved by the

___________
Page 4 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

same, the present writ petition is filed.

5. A counter affidavit has been filed on behalf of the respondents.

6. It is stated in the counter affidavit that the father of the

petitioner expired on 07.04.2013 while in service of the University

leaving behind his wife, three sons and one daughter as legal heirs. The

wife of the deceased employee submitted an application seeking

appointment under compassionate grounds to his son, i.e., the petitioner.

It is also stated that the mother of the petitioner was also working as

Mazdoor in Oil Seeds Research Station, Tindivanam on consolidated pay

and later she was brought into regular establishment as Provincialised

Unskilled Mazdoor and her service was regularised with effect from

16.07.2014. By order dated 08.09.2014, her application was rejected

informing that her family would not be eligible to be considered for

appointment on compassionate grounds, since she is already in

employment under the University and the family is not facing any

___________
Page 5 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

indigent circumstances. It is also stated that without considering the

order dated 08.09.2014, the petitioner submitted his application seeking

compassionate appointment. As already the application was rejected, the

petitioner's application was not considered by the respondents.

Meanwhile, the petitioner filed W.P.No.8346 of 2016 and as per order

dated 01.11.2018 of this Court, the application of the petitioner was

considered on merits and by letter dated 11.01.2019, it was informed that

since the petitioner's mother/wife of the decease employee is working as

Mazdoor on time scale of pay at the Oil Seeds Research Station,

Tindivanam, another family member in the same family is not entitled for

appointment on compassionate grounds. It was also informed that the

petitioner did not submit a consolidated certificate issued by the revenue

authority. Subsequently, another letter dated 15.05.2019 was issued by

the 2nd respondent intimating that the request of the petitioner for

compassionate appointment cannot be considered.

7. It is further averred in the counter affidavit that the mother of

the petitioner submitted her resignation from service on 21.05.2015 and

___________
Page 6 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

the same was considered and accepted with effect from 13.10.2015

subject to condition that she shall have no right over her present post,

service or expected future benefits that may arise on any contingency out

of her employment in the university. As such, the resignation of the

mother of the petitioner will not entitle him to seek appointment on

compassionate grounds.

8. The petitioner filed additional affidavit, wherein it is stated that

the mother of the petitioner was died on 05.10.2020. The petitioner also

filed death certificate of his mother and copy of medical records as

additional typed set of papers.

9. Learned counsel for the petitioner submits that due to the nature

of work as Unskilled Mazdoor in the Oil Seeds Research Station,

Tindivanam, both parents of the petitioner's health got deteriorated and

they totally became anaemic and it is necessary for them to get blood

from a donor for their health and survival. Hence, left with no other

option except to get blood transfusion from the blood bank of the

___________
Page 7 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

Government Hospital at Tindivanam, both of them used to have blood

transfusion only in the Government Hospital because of their financial

condition and they both were infected with HIV positive in the donor

population or due to unhygienic use of needles for blood transfusion.

Due to that ill health, the father of the petitioner died on 07.04.2013 and

the mother of the petitioner died on 05.10.2020. As both breadwinners

of the family expired, the entire family of the petitioner is in indigent

condition and as such, the claim of the petitioner for compassionate

appointment has to be considered by the respondents without going into

the technicalities.

10. On the other hand, learned Standing Counsel for the

respondents contends that by the time of death of the father of the

petitioner, the mother of the petitioner was in employment and as such,

their family was not in indigent condition. Subsequently on 21.05.2015,

the mother of the petitioner tendered resignation and the same was

accepted on 15.10.2015. Even after the death of his mother, the

petitioner is not entitled to seek appointment on compassionate grounds

___________
Page 8 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

in the absence of indigent circumstances and sought to dismiss the writ

petition.

11. Having heard the submissions of the respective counsels and

upon careful perusal of the material available on record, it appears that

after the death of the father of the petitioner, the mother of the petitioner

submitted an application seeking appointment to the petitioner on

compassionate grounds and the same was rejected by the 2nd respondent

on 08.09.2014. The petitioner himself submitted application for

compassionate appointment subsequently on 11.12.2014 and the same

was rejected by the 2nd respondent on 11.01.2019 on the ground that the

petitioner's mother is working as Mazdoor at the Oil Seeds Research

Station, Tindivanam and as such, another family member in the same

family is not entitled for appointment on compassionate grounds. The

same was reiterated in another letter issued by the second respondent on

15.05.2019. In fact, the mother of the petitioner, due to serious ill health,

tendered resignation from service on 21.05.2015 and the respondents

accepted the same with effect from 13.10.2015. The contention of the

respondents is that the petitioner is not entitled to seek appointment on

___________
Page 9 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

compassionate grounds, though his mother resigned from the

respondent's service.

12. However, on consideration of the factual position narrated in

the additional affidavit of the petitioner and on perusal of the death

certificate of the petitioner's mother dated 17.10.2020, and copy of the

medical records placed before this Court, it appears that the mother of the

petitioner suffered serious ill health due to HIV positive and she died on

05.10.2020. Under the circumstances, it is an admitted fact that now

both the parents of the petitioner are no more. Admittedly, both parents

of the petitioner were regular employees in the respondent's organisation.

It is also an admitted fact that the petitioner made application seeking

compassionate appointment on the ground of death of his father and it

was rejected by the respondents on the ground that mother of the

petitioner is employed in respondent's organisation.

13. Now the respondents also have to accept that the entire

situation has changed, as the mother of the petitioner also died on

___________
Page 10 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

05.10.2020. This Court is unable to accept the contention of the

respondents that the family of the petitioner is not in indigent condition.

On careful examination of the averments in the counter affidavit filed by

the respondents, it appears that they rejected the claim of the petitioner

from the beginning without properly understanding the aim and object of

the compassionate appointment scheme.

14. Accordingly, in the considered opinion of this Court, the

respondents ought to have reconsider the claim of the petitioner in view

of the present situation that the family of the petitioner lost the

breadwinners of the family and as such, the family is in the distress and

indigent condition. The opinion of this Court is fortified by various

orders of Hon'ble Apex Court and High Courts.

15. It is appropriate to extract the observation of the High Court of

Andhra Pradesh in K.Udaykiran vs. State of Andhra Pradesh reported in

2021 SCC OnLine AP 2009 at Paragraph Nos.15 and 20 as hereinunder:

“15. The respondents have to understand the

___________
Page 11 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

very purpose of providing compassionate

appointment, which is meant for providing
employment assistance to the dependants of the
deceased employee, who died in harness and thereby
to provide some relief to the family from undergoing
financial sufferings. When the family of the deceased
employee consisting of illiterate wife and minor child,
since, they have no other source of livelihood after
the untimely death of the bread winner of the family,
the respondents should have been much more
sympathetic and practical in considering the claim of
the dependants of the deceased employee for
compassionate appointment.

20. This Court expects from the respondents

also such type of liberal approach in considering the
claims of the dependants of the deceased employees
for compassionate appointments. This court holds
that the respondents shall consider the cases of the
dependants of the employees died in harness with
human touch without considering only
technicalities.”

16. In this regard, it is worthwhile to refer the case in Balbir Kaur

___________
Page 12 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

v. Steel Authority of India Limited reported in (2000) 6 SCC 493

wherein their Lordships (U.C. Benarjee, J speaking for the Bench) of the

Hon'ble Supreme Court have held as under:

“In the case of appointment considering the

social and economic justice as enshrined in the
constitution, denials of deserving cases are liable to
be set aside. Further, the purpose of providing
compassionate ground to a son or daughter or a near
relative of the deceased government servant is to
render assistance to the family, which is found in
indigenous circumstances. Hence, in considering the
case for compassionate appointment, the authorities
are supposed to adopt a human outlook.”

17. The Hon'ble Apex Court further held at Para No. 19 as

extracted hereinunder:

“The concept of social justice is the yardstick

to the justice administration system or the legal
justice and as Respondent pointed out that the
greatest virtue of law is in its adaptability and
flexibility and thus it would be otherwise an
obligation for the law courts also to apply the law

___________
Page 13 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

depending upon the situation since the law is made

for the society and whichever is beneficial for the
society, the endeavour of the law court would be to
administer justice having due regard in that
direction.”

18. In this regard, it is worthwhile to refer the case in

Superintending Engineer v. V.Jaya reported in (2007) 6 Mad LJ 1011,

wherein their Lordships comprising a Division Bench of this Court have

held at Para No. 7 as extracted hereinunder:

“7. However, in a case of request for

appointment on compassionate ground, however, the
Court, while exercising its jurisdiction under Article
226 of the Constitution of India, cannot ignore the
very purpose of providing employment on
compassionate ground to the dependant of an
employee/government servant dying in harness in
preference to anybody else as it is done so in order to
mitigate the hardship to the family of the employee on
account of his unexpected death while still in service.
The concept of compassionate employment is
intended to alleviate the distress of the family and it is

___________
Page 14 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

for such purpose appointments are permissible and

provided even in the rules and regulations and any
rigid approach or too technical objections may defeat
the very object of the scheme. It is for that purpose
while considering the request for compassionate
appointment; the authorities are expected to act as a
Good Samaritan overlooking the cobwebs of
technicalities.”

19. In the light of the settled proposition of law stated supra and

for the above mentioned reasons, this Court is of the considered opinion

that the petitioner has made out a case to issue a writ of mandamus

directing the respondents to consider the claim of the petitioner seeking

compassionate appointment without reference to the objections raised in

the impugned orders.

20. In the result, this writ petition is allowed with the following

directions:

i. The impugned letters in Letter No.ALO/WP No.8346/2016, dated

11.01.2019 and the connected Letter No.ALO/WP No.8346/2016,

___________
Page 15 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

dated 15.05.2019 of the 2nd respondent are hereby set aside; and

ii. The respondents are directed to consider the claim of the petitioner

for compassionate appointment in any suitable post within a period

of six weeks from the date of receipt of a copy of this order.

21. There shall be no order as to costs.

19.09.2023
Note: Issue order copy by 22.09.2023.

NCC : Yes/No
Index : Yes/No
Internet : Yes

abr

___________
Page 16 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

To

1.The Vice Chancellar,

The Tamil Nadu Agricultural University,
Coimbatore-641 003.

2.The Registrar,
The Tamil Nadu Agricultural University,
Coimbatore-641 003.

___________
Page 17 of 18
https://www.mhc.tn.gov.in/judis
 W.P.No.2345 of 2020

BATTU DEVANAND, J.

abr

Pre-delivery Order made in

W.P.No.2345 of 2020

Dated : 19.09.2023

___________
Page 18 of 18
https://www.mhc.tn.gov.in/judis