Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC

A single-judge bench of the Madras High Court comprising of Justice L. Victoria Gowri while deciding a writ petition in the case of B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors has held that the petitioner's qualifications should not be a barrier to compassionate appointment.

Background of Facts

The father of B. Saravanan (Petitioner) worked as a cook in the Adi Dravidar Welfare Boys Hostel, Chinnamanur, Theni District when he died on 10.07.2021. The Petitioner, being one of the surviving family members, made two applications seeking compassionate appointment on 31.12.2021 and 28.03.2022. However, these applications were not considered. Hence the Petitioner filed a writ petition seeking to direct the The Commissioner, Adi Dravidar Welfare Commission (Respondent) to consider him for compassionate appointment on merit.

The Respondents contended that the petitioner was overqualified for the available positions of Cook and Watchman. The Respondents further argued that when suitable positions arise that match the petitioner's qualifications, his case would be considered. Further, the Respondents maintained three Seniority Registers, and the Petitioner's case had already been recommended, with high ranks listed in each register.

Findings of the Court

The court observed that the petitioner's qualifications should not be a barrier to compassionate appointment and directed the Respondents to consider the representations and appoint the Petitioner in a suitable post in terms of seniority list maintained by the District Adi Dravidar Welfare Department, District Collectorate and the Directorate of Adi Dravidar Welfare Department, Chennai.

With the aforementioned observations, the court disposed of the petition.

Case: B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors

Citation: 2024 LiveLaw (Mad) 190

Case No. W.P. (MD). No. 1435 of 2024

Counsels for the Petitioner: Mr. K. Appadurai

Counsel for the Respondent: Mr. J.K. Kayaselan

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