Person appointed on compassionate grounds cannot be deprived of employment, says HC

Madurai

It is well settled that a person appointed on compassionate grounds cannot be deprived of his employment simply because he has not completed the departmental examination or has not undergone training, observed the Madurai Bench of Madras High Court.

Referring to a Supreme Court judgment, Justice S.S. Sundar observed that even if a person is unable to complete the departmental test, his service cannot be terminated and the authorities should accommodate him in Class IV post.

The court was hearing the petition filed by S. Chinnadurai of Virudhunagar district. He was appointed as a Surveyor on compassionate grounds following the death of his father. The petitioner’s father had worked as a Surveyor.

However, the appointment was subject to conditions. He had to complete the departmental test and training as prescribed. A show-cause notice was issued seeking explanation as to why he had not completed the test within the prescribed time.

Later, he was terminated from service on the ground that he had not completed the test. He challenged the order of termination and sought a direction to authorities to reinstate him with all benefits.

The court set aside the termination order and directed the authorities concerned to appoint the petitioner in the post of Office Assistant of Field Assistant.

If there was no vacancy, the authorities were directed to create a supernumerary post to accommodate the petitioner. However, the court said the petitioner was not entitled to backwages for the period when he was terminated from service.

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