Dispose compassionate appointment applications within 6 months, Govt told

In a move that could prevent lengthy delays in disposing applications seeking appointment on compassionate grounds, the Madras High Court has directed the Tamil Nadu Government to issue a Government Order fixing six months for settling such claims. 

Answering on the main argument that there is no indication in the Government Order or the scheme within what period the application for compassionate employment should be disposed of, a division bench comprising Chief Justice A P Sahi and Justice Abdul Quddhose, said “We provide that until any such rules are framed or Government Order is issued or a provision is made in the scheme, a claim of compassionate appointment on the date when it is received should be disposed of immediately without causing any delay but preferably not beyond a period of six months from the date of submission of such application.

“We have said this keeping in mind that certain verifications are required to be undertaken before an employment under compassionate grounds is offered and the applicant also needs to furnish necessary information as well as documents in support of his/her claim of compassionate appointment,” the bench said while directing the State Government to issue a Government Order to that effect so as to bind all authorities and departments concerned to comply with the above directions strictly. 

“The Rules should be consolidated based on the principles indicated above to be applied uniformly by the State Government in all departments without deviation. It would be appropriate for the State Government to do so in order to avoid any litigation,” the bench added. 

However, another issue seeking to extend the cap of three years imposed under the rules as a limit from the date of death of the employee for the dependent to move an application for compassionate appointment, the bench said “This period of three years, in our opinion, is a reasonable period within which even a person of ordinary prudence, particularly one who is in dire need of employment, will come to know about the possibilities of any such employment.” 

Holding that the plea of total illiteracy or ignorance of benefits available or about their doubts can be cast aside by seeking simple information from the office of employment, the bench said “This is not a task like climbing Mt. Everest to find out the benefits to which a dependent of the deceased employee is entitled to. Thus, such information is not buried so deep so as to uncover the ignorance of even a widow or a dependent of a family who can gather such information and for which the period of three years can be reasonably said to be sufficient.” 

“In today’s modern world, with various forms of communications and websites with all information available through internet services even in the remotest corners of the world, the exercise of getting information is not in a fathomless pit, but is almost available on the press of a few sensors,” the bench added while noting that a person in penury or distress will not take long to survive the vagaries of penury for seeking information of such benefits.