Madras High Court: Compassionate Appointees' Promotion Denial Reconsidered

Summary: A recent decision by Judge Abdul Quddhose has canceled previous decisions that denied job promotions to two people who were given jobs for compassionate reasons. The case will be looked at again, focusing on their educational qualifications.

Petitioners Challenge Job Denial

Manikanda Kumar.K and K. Babu Kannan, the people who brought the case, were first given jobs as Drivers for compassionate reasons. They wanted to be promoted to Junior Assistant based on their qualifications. However, their requests were turned down by the authorities, leading them to file a case.

The Core Argument

Manikanda Kumar.K and K. Babu Kannan argued that according to a government order from 1989, appointments should consider educational qualifications. They claimed they had the necessary qualifications for the Junior Assistant role but were pressured into accepting the Driver position without any chance for future promotions.

"The petitioners had enough educational qualifications to be appointed to the post of Junior Assistant."

Respondents' Stand

The State of Tamil Nadu argued that the petitioners agreed to the Driver position without asking for promotions. They repeated that compassionate appointments did not promise higher positions.

Court's Decision

Judge Abdul Quddhose found that the respondents did not consider the relevant government order about educational qualifications. The court decided to cancel the previous decisions and ordered a fresh review.

"This Court, in the interest of justice, finds it appropriate to cancel the challenged orders and send the matter back for a fresh review."

Next Steps

Manikanda Kumar.K and K. Babu Kannan have two weeks to provide an explanation supporting their claim for the Junior Assistant position. The authorities have twelve weeks to reconsider and decide based on the petitioners' qualifications and the government order.

This decision emphasizes the importance of considering educational qualifications in job appointments, even in compassionate cases. The court's ruling ensures that Manikanda Kumar.K and K. Babu Kannan have a fair chance to present their qualifications for the desired role.