Case Law Details
P. M. Manjusha Vs Chief Commissioner of Central Excise (Madras High Court)
Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable
Facts- The petitioner states that her father Mr. P. D. Mohanan, served as Driver and died on 22.02.1994, while he was in service. The mother of the writ petitioner was appointed on compassionate grounds on 24.06.2010. The mother was working in the respondent / Department and she also died on 23.09.2013. Again the petitioner submitted an application to provide appointment on compassionate ground on 03.01.2014. The said application submitted by the writ petitioner was withdrawn on 08.12.2014 and again it was re-submitted on 22.02.2016. Thereafter, the petitioner filed the present writ petition to consider the said application dated 22.02.2016.
Conclusion- The fact remains that the employee died in the year 1994 and the wife of the employee was provided with an appointment on compassionate ground. She served and subsequently, she also died. Thereafter, the writ petitioner submitted an application and withdrew the same and re-submitted after a lapse of about two years. Thereafter, the brother of the writ petitioner also submitted an application seeking compassionate appointment after rejection of the application submitted by the petitioner.
Pertinently, the brother of the writ petitioner originally submitted no objection to provide appointment to the writ petitioner. Subsequently, the petitioner filed an affidavit of no objection to provide employment to his All contradictory facts and circumstances reveals that the petitioner is not eligible for the compassionate appointment, more over, several years lapsed from the date of death of the deceased employee and at this length of time seeking compassionate appointment cannot be extended to the writ petitioner.
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