Justice R Suresh Kumar observed that according to the two GOs passed by the state government, the application for compassionate appointment of a legal heir can be considered if another legal heir who is in service prior to the death of an employee,

HC asks collector to reconsider plea for compassionate posting
Kaushik Kannan | TNN | Aug 31, 2020, 04:06 IST
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Madurai: Granting relief to a woman, Madras high court directed the Madurai district collector to reconsider her application seeking compassionate appointment in the wake of her father’s death while in service. The court was hearing the petition filed by K Ilayarani whose father V Kallanai, who was a village assistant in Madurai district, died in 2011. Kallanai keft behind his wife and three children including the petitioner.
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The petitioner had submitted an application in 2012 seeking compassionate appointment. It was rejected by the collector through order dated March 17, 2020 on the ground that her brother Sakthiponnusamy got a government job in 2013. Ilayarani stated that though her brother got the job after the death of their father, the appointment was given on merit and not on compassionate grounds. She stated her brother was living separately and did not support her family.

Justice R Suresh Kumar observed that according to the two GOs passed by the state government, the application for compassionate appointment of a legal heir can be considered if another legal heir who is in service prior to the death of an employee, is not supporting the family. The judge observed that the authorities had rejected the petitioner’s application as it does not fit the clause under the GOs as in the case on hand, the legal heir who had joined service after the death of a government servant, is not supporting the family.
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Observing that the GOs should be put in with purposive interpretation, the judge said the negative interpretation given by the collector denying the request of the petitioner for compassionate appointment, cannot be accepted, as such interpretation would destroy the very purpose for which the GOs were issued by the government. Hence the judge set aside the rejection order and directed the collector to reconsider the application of the petitioner for grant of job suitable to the educational qualification of the petitioner within three months.

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