A single-judge bench of the Madras High Court, comprising of Justice L. Victoria Gowri, while deciding a writ petition in the case of B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors has held that the petitioner's qualifications should not be a barrier to compassionate appointment.

B. Saravanan, the petitioner, is the son of a deceased cook who served at the Adi Dravidar Welfare Boys Hostel in Chinnamanur, Theni District until his passing on 10.07.2021. As one of the surviving family members, Saravanan submitted two compassionate appointment applications on 31.12.2021 and 28.03.2022, which unfortunately were not given consideration.

Consequently, Saravanan initiated a writ petition urging the Madras High Court to compel the Commissioner of the Adi Dravidar Welfare Commission, the respondent, to fairly assess his candidacy for compassionate appointment based on his merits.

The respondents put forth the argument that the petitioner was deemed overqualified for the positions of Cook and Watchman currently available. They contended that his eligibility would be reconsidered once positions matching his qualifications became available. Additionally, the respondents stated that they maintained three Seniority Registers, and the petitioner's case had already been recommended, with his name appearing with high ranks in each register.

The court noted that the petitioner's qualifications should not hinder his chances of compassionate appointment and instructed the respondents to review the petitioner's submissions. Furthermore, the court directed the respondents to appoint the petitioner to a suitable position based on his placement in the seniority lists maintained by the District Adi Dravidar Welfare Department, the District Collectorate, and the Directorate of Adi Dravidar Welfare Department in Chennai.

With the aforementioned observations, the court disposed of the petition.

Case: B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors

Case No. W.P. (MD). No. 1435 of 2024

Counsels for the Petitioner: Mr. K. Appadurai

Counsel for the Respondent: Mr. J.K. Kayaselan