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State Cannot Compromise Efficiency Level In Public Administration While Providing Compassionate Appointments [Read Order]

LIVELAW NEWS NETWORK
21 Jun 2019 5:36 AM GMT
State Cannot Compromise Efficiency Level In Public Administration While Providing Compassionate Appointments [Read Order]
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While dismissing a writ petition filed against denial of compassionate appointment, the Madras High Court observed that, if large number of appointments are made on compassionate grounds in public offices, the efficiency level in public administration will be affected.

Justice SM Subramanian remarked State cannot compromise the efficiency level in public administration, even in the matter of providing appointments to Schedule Caste and Schedule Tribe community candidates.

The court dismissed a plea of one Karthikeyan seeking a direction to Transport Corporation to appoint him on compassionate grounds. His father was an employee in the corporation and died in the year 1999. The court said that the writ petition was filed in the year 2015 and it is heard in the year 2019 and now, after a lapse of about 20 years from the date of the death of the employee, such relief cannot be granted.

In his judgment, the judge took note of Article 335 of the Constitution of India and observed that efficiency in public administration is a constitutional mandate. The court said:

"When the Constitution speaks about the public efficiency in public administration, even in respect of appointments to be provided for Schedule Caste and Schedule Tribes community candidates, this Court cannot have any other interpretation other than to state that efficiency in public administration is a constitutional mandate. Thus, any special scheme affecting the efficiency in public administration must be implemented cautiously and slowly by the State. The very interpretation, which is to be made constructively, with reference to the constitutional philosophy is that the State cannot compromise the efficiency level in public administration, even in the matter of providing appointments to Schedule Caste and Schedule Tribe community candidates. This being the spirit of the Constitution, this Court is of the undoubted opinion that the scheme of compassionate appointment otherwise in violative of Articles 14 and 16 of the Constitution of India, has to be restrained, reviewed, if necessary, suitably so as to ensure equal opportunity in public employment and to uphold the constitutional philosophy and ethos in the matter of maintenance of efficiency in public administration"

The court also said that if large number of appointments are made on compassionate grounds in public offices, the efficiency level in public administration will be affected. It added:

"If the compassionate appointments are extended, the same will affect the efficiency in public administration. The compassionate appointments are made without assessing the merits of the candidates, without following the rules of reservation and without adhering the other procedures to be followed for regular selection. Compassionate appointments are made just on the ground that the Government employee died. Thus, if large number of appointments are made on compassionate grounds in public offices, the efficiency level in public administration will be undoubtedly derailed." 

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