Compassionate Appointed Person Cannot Be Deprived of Job, HC Says


It is well established that a person appointed for compassionate reasons cannot be deprived of their job simply because they did not pass the departmental exam or did not undergo training, observed the Madurai judiciary of the High Court of Madras.

Referring to a Supreme Court ruling, Judge SS Sundar observed that even if a person is unable to complete the departmental test, their service cannot be terminated and the authorities should accommodate them in a Class IV post.

The court heard the petition filed by S. Chinnadurai from Virudhunagar District. He was appointed a surveyor for compassionate reasons following the death of his father. The applicant’s father had worked as a surveyor.

However, the appointment was subject to conditions. He had to take the departmental test and take the prescribed training. A show cause notice was issued asking for an explanation as to why he did not complete the test within the prescribed time frame.

He was later fired on the grounds that he had not completed the test. He challenged the termination order and asked the authorities to reinstate him with full benefits.

The court quashed the dismissal order and ordered the authorities concerned to appoint the applicant to the post of office assistant or field assistant.

If there was no vacant post, the authorities were invited to create a supernumerary post to accommodate the complainant. However, the court ruled that the Grievor was not entitled to back wages for the period in which he was dismissed.

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