Compassionate Employment Can’t Be Denied Based On Subsequent Cut-Off Date Prescribed In Scheme: Kerala High Court
The Kerala High Court allowed a Writ Petition against the refusal of the Management in not providing employment under the Compassionate Employment Scheme.
Justice N. Nagaresh, Kerala High Court
The Kerala High Court held that the compassionate employment cannot be denied to the dependants based on a subsequent cut-off date prescribed in the Scheme.
The Court held thus in a Writ Petition challenging the refusal of the Management in not providing employment under the Compassionate Employment Scheme despite specific directions issued by the Government.
A Single Bench of Justice N. Nagaresh observed, “The Government or the 3rd respondent cannot defeat the claim for compassionate employment of those dependents who have been fighting for their claim, by fixing a cut off date while framing the Scheme. In the circumstances of the case, it would be a travesty of justice if compassionate employment is denied to the petitioners on the basis of a subsequent cut off date prescribed in the Scheme.”
Advocate D. Kishore represented the Petitioners while Senior Government Pleader (SGP) Premchand R. Nair represented the Respondents.
Factual Background
The father of the first Petitioner while working as a Lower Division Clerk in the NSS Hindu College, Changanassery, died while in service in the year 2008. Similarly, the father of the second Petitioner while working as a Mechanic in the said College passed away in 2010. As per the Petitioners (dependants), they were qualified to be appointed in the Group C cadre under the Scheme for Compassionate Employment.
The Petitioners stated that the reluctance of the Respondent-Management to give compassionate employment to them is highly illegal and arbitrary. According to them, the Government considered the issue as to whether the cut-off date should be made applicable to the Petitioners and granted sanction to appoint them, ignoring any cut-off date; still the Management was desisting from appointing them.
Reasoning
The High Court in view of the facts and circumstances of the case, said, “It is true that ordinarily this Court will not be justified in directing the 3rd respondent to grant Compassionate Employment to the dependent of an employee, departing from the provisions of the Scheme for grant of compassionate employment. However, in this case, this Court has already considered the case of the petitioners in Ext.P11 judgment and has given direction to the Government.”
The Court further noted that it is the Government which framed the Scheme, which has accorded sanction to the Respondent-Management to provide employment assistance under the Compassionate Employment Scheme to the Petitioners, taking into consideration the facts of the case.
“The petitioners have been fighting for grant of compassionate employment, from the very beginning. The 2nd petitioner had approached this Court as early in the year 2014 filing W.P.(C) No.21632/2014”, it also noted.
The Court added that it was the legal fight of many dependents of employees which has brought about the Scheme for Compassionate Employment for dependents of employees of Private Aided Colleges.
Accordingly, the High Court allowed the Writ Petition and directed the Management to grant compassionate employment to the dependants.
Cause Title- Manu Kumar M.K. & Anr. v. State of Kerala & Ors. (Neutral Citation: 2025:KER:12583)
Appearance:
Petitioners: Advocates D. Kishore, Meera Gopinath, and R. Muraleekrishnan.
Respondents: SGP Premchand R. Nair and Advocate P. Gopal.
