In the High Court of Judicature at Madras
Dated: 14.03.2002
Coram
The Honourable Mr.Justice R. Jayasimha Babu
and
The Honourable Mr.Justice F.M. Ibrahim Kalifulla
Writ Petition No.8510 of 2002
M. Gowri Petitioner
Vs.
1. The Government of Tamil Nadu,
rep.by its Secretary,
Revenue and Administration
Dapartment, Fort St. George,
Chennai 600 009
2. The Special Commissioner and
Commissioner of Revenue
Administration, Chepauk,
Chennai 600 005
3. The Collector,
Villupuram District,
Villupuram 4
4. The Tahsildar,
Thiruvannamalai
5. The Registrar,
Tamil Nadu Administrative Tribunal,
Chennai Respondents
Petition under Article 226 of the Constitution of India praying
for issuance of writ of certiorarified mandamus as stated therein.
For petitioner : Mr.S.Parthasarathy
:O R D E R
(Order of the Court was made by R. Jayasimha Babu,J.)
We do not find any error in the order of the Tribunal. The
Scheme of compassionate appointments, as rightly pointed out by the
Tribunal, is intended to help persons who are thrown into unforeseen
difficulties by reason of the sudden demise of the earning family member
who held post in the Government.
2. In this case, the death of the employee occurred in 1987.
His widow had sent an application for a job for their son. That
application was not pressed because he got a job elsewhere, which
obviously was better than what he would have got in the Government. That
certainly took care of whatever difficulties the family may have
encountered at that time. Thereafter, there was no further right in the
family to demand that another job be provided in the Government because
several years later that son, who had secured employment, allegedly
stopped helping that family.
3. Positions under the Government are positions to which every
qualified citizen is entitled to aspire. It is not a legacy to be passed
on from father to son, or daughter. Each post occupied by one would mean
denial of the chance to occupy the same post to many others. When
unemployment is as high as it is in the country, any concession in the
matter of public employment needs must be regulated, and must be made
available only to those properly entitled under a scheme validly made.
The writ petition is dismissed.
Index:Yes (R.J.B.,J.)(F.M.I.K.,J.)
btr/ 14..03..2002
Web: Yes.
To
1. The Government of Tamil Nadu,
rep.by its Secretary,
Revenue and Administration
Dapartment, Fort St. George,
Chennai 600 009
2. The Special Commissioner and
Commissioner of Revenue
Administration, Chepauk,
Chennai 600 005
3. The Collector,
Villupuram District,
Villupuram 4
4. The Tahsildar,
btr
R. Jayasimha Babu, J
and
F.M. Ibrahim Kalifulla,J.
Thiruvannamalai
5. The Registrar,
Tamil Nadu Administrative Tribunal,
Chennai
W.P.No.8510 of 2002
14..03..2002