Corruption Rampant In Every Organ Of Govt, We Are Helpless In Curbing It: Madras High Court

The Madras High Court recently came to the rescue of a woman who was asked to get re-validated certificates for compassionate appointment. The bench of Justice R Subramaniam and Justice G Arul Murugan held that asking the woman to get fresh certificates would only pave way for the officers in-charge to get illegal gratification once more. Acknowledging that corruption was rampant in every organ of the government, the bench also expressed its helplessness in curbing the menace of corruption. “By requiring the mother to get fresh certificates, the Divisional Engineer has only paved way for the officers in-charge of issuing such certificates to get illegal gratification once over again. We have to acknowledge that corruption is rampant in every organ of the Government today. Requiring a person who seeks compassionate appointment to get three certificates once over again, we are sure, is only with the object of facilitating collection of illegal gratification by those officers. Having said so, we should also acknowledge our helplessness in curbing the menace of corruption,” the court said. The bench was hearing a petition filed by Gowdham against the whose application for compassionate appointment was rejected by the National Highways Department. Gowdham's father, who was working as a Record Clerk in the Highways department died in harness in 2016. Gowdham's mother, Amudha had filed an application seeking compassionate appointment which was kept pending for 34 months. In 2020, the Divisional Engineer wrote to Amudha asking her to produce other documents including new income certificate, manner in which nebefits were received, genuineness certificate and copy of family card attested by Taluk Supply Officer. Though she requested that the job be given to her son, Gowdham, this request was rejected. Gowdham made a fresh application, which was also rejected. On the first round of challenge, the single judge noted that since the son had attained majority only after three years of death of the father, his application could not be entertained. However, noting that the mother's application was kept pending for almost 6 years on the date of order, the single judge directed the authorities to consider the application and offer her compassionate appointment. Gowdham submitted that he was more suited than his mother for being appointed on compassionate basis and thus, the authority was not justified in rejecting his application. He also pointed out that the Government had power to relax the rules if it causes any hardship. He pointed out that his mother herself had nominated his appointment in the year 2020 and thus he should be entitled to be considered on the ground that it was an alternative application. The State, on the other hand, argued that compassionate appointment was not a right and if there was a scheme providing for compassionate appointment, the provisions had to be strictly adhered to. The court noted that in the present case, the mother's application for compassionate appointment was unduly delayed and the authorities had adopted a pedantic approach in seeking fresh certificate which could not have been obtained without a reasonable expense. At the same time, the court noted that in view of the settled position stressing the need for strict adherence to schemes, it was unable to allow Gowdham's plea. However, the court also said that it could not be mute spectator to the inaction on the part of the authorities for 34 months. The court added that after keeping the matter pending for 34 months, the authorities were not justified in seeking re-validated certificates. Thus, directing the authorities to offer a compassionate appointment to the mother, the court disposed the plea. Counsel for Petitioner: Mr. M. Vijayakumar Counsel for Respondents: Mr. K. H. Ravikumar Govt. Advocate Case Title: Gowdham v. The Director General and Others Citation: 2025 LiveLaw (Mad) 135 Case No: W.A.No.355 of 2025Click Here To Read/Download The Judgment

Corruption Rampant In Every Organ Of Govt, We Are Helpless In Curbing It: Madras High Court

Upasana Sajeev

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