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HC upholds dismissal of civic body employee

Mohamed Imranullah S.

She had secured job on compassionate grounds

MADURAI: The Madras High Court Bench here has refused to interfere with an order passed by the Tiruchi Municipal Corporation Commissioner dismissing from service a woman Junior Assistant-cum-Typist who was appointed on compassionate grounds about 14 years after the death of her father, a driver with the Corporation.

Declining to entertain a writ petition filed by her, Justice K. Chandru said that compassionate appointment was aimed at mitigating immediate hardship caused to a family due to the death of its sole earning member.

Hence, by no stretch of imagination, it could be availed by the petitioner who was hardly four years old at the time of her father's demise in 1985.

The judge also pointed out that the Corporation had collected enough materials to prove that the petitioner's mother was working as a medical staff in the Homeopathy wing of Perambalur Government hospital even before her husband's death.

She suppressed this fact and made an application seeking compassionate appointment for her daughter in 1996 and it was accepted in 1998.

The corporation came to know about the false representation only in 2001 when the issue was raised by an unemployed youth.

Departmental enquiry

A departmental enquiry was initiated in 2002 and it prolonged till 2005 due to the “delaying tactics” of the petitioner. Ultimately, the Commissioner passed an order dismissing her from service and hence the present writ petition.

Finding no fault with the dismissal order, the judge said: “The scheme of compassionate appointment is not an employment for the ward of the deceased government servant.

Since such scheme will be hit by Article 16(Equality of opportunity in matters of public employment) of the Constitution, no employment can be made on the ground of descendant.”

He recalled that the Supreme Court in Umesh Kumar Nagpal's case (1994) had held that as a general rule appointment in public service should be made strictly on the basis of open invitation and merit.

Appointment on compassionate ground was not another source of recruitment but only an exception to the general rule and therefore it should be made in accordance with the rules and regulations.

In yet another judgement in 2007, the apex court had come down heavily on candidates who had obtained compassionate appointments by providing false statements.

It was held that people who secured jobs through fraud could be terminated from service even without a show cause notice because “fraud cloaks everything.”

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