Wednesday, November 30, 2011

Compassionate employment: HC relief for destitute

The Madurai bench of the Madras high court has come to the rescue of a destitute girl who has sought employment on compassionate grounds with the state transport corporation.

One S Mareeswari's father was working as conductor in the Tamil Nadu State Transport Corporation, Virudhunagar region, and after serving as permanent conductor for about 20 years, he died on 1995 due to an illness, leaving behind her, her mother and sister with 80% disability. Unfortunately, her mother also passed away the next year.

When her father died, Mareeswari was aged seven and studying in school. Under these circumstances, she and her sister were left in the lurch.

On seeing their plight, a friend of their family voluntarily came forward to take care of them.

As she was a minor then, she applied for compassionate appointment only in 2008. The transport corporation insisted that she produce proof such as community certificate and ration card in support of her candidature. But in view of the fact that the petitioner was not able to obtain ration card, community certificate and residential proof, she submitted affidavits issued by a notary public. However, she was not given compassionate appointment on the ground that she had failed to produce relevant documents. Hence, she petitioned the court.

In view of these difficulties faced by Mareeswari, her counsel R Ramasamy prayed to the court to issue a direction to the transport corporation to provide compassionate appointment to his client without insisting upon submission of ration card, community certificate or employment and property certificates.

He further said this was a special case where the petitioner, after the death of her parents, was being taken care of by a well-wisher as there was no other family friend to help her.

Allowing her petition, Justice T Raja directed the transport corporation to consider her case sympathetically without insisting upon other documents. Pointing out that since the legal heir certificate issued by the tahsildar in1997 certified that Mareeswari was the daughter of deceased Sundaram, and with her sister also giving a certificate relinquishing her right to claim compassionate appointment, the judge said, "There may not be any impediment for the transport corporation in considering her case."

Justice Raja further directed the transport corporation to provide compassionate appointment on the basis of the documents submitted by the petitioner earlier, within a period of eight weeks with an undertaking from the petitioner to produce all relevant documents within one year from the date of joining duty.


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