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Synopsis

The Madras High Court recently slammed the National Highways Department for inordinate delay in processing a widow’s request for compassionate appointment, calling out corruption as a pervasive malaise within the government.

The division bench of Justices R. Subramanian and G. Arul Murugan made these observations while disposing of a writ appeal filed by one Gowdham, who sought compassionate appointment following the death of his father, a record clerk in the Highways Department, in 2016.

At the time of his father's demise, Gowdham was a minor, and the only eligible candidate was his mother, Tmt. Amudha, who applied for the job in January 2018. Shockingly, the department took nearly 34 months to respond — a delay the court noted without explanation. When the authorities finally replied in October 2020, they sought fresh certificates, including income proof and educational qualification documents. In the face of this bureaucratic inertia, Amudha expressed her desire to nominate her son for the job instead.

By then, Gowdham had completed his schooling and attained majority. He applied in his own name in November 2022, but the department rejected his application citing the three-year limitation period for seeking compassionate appointment — a rejection that was upheld by a single judge bench of the court.

While dismissing Gowdham’s appeal, the division bench made sharp observations on the underlying system that led to such procedural roadblocks. Noting how officials demanded fresh certificates despite having originals on record, the bench highlighted the observations made by a division bench of the high court in P.Pappu vs. The Sub Registrar, Rasipuram SRO, Rasipuram, Namakkal District where judicial recognition was given to the fact that none of the certificates from government officials come without a price.

Regarding the present case, the bench opined, "By requiring the mother to get fresh certificates, the Divisional Engineer has only paved the way for the officers in charge of issuing such certificates to get illegal gratification once over again". 

The bench, therefore, emphasised, "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."

It also lamented court's "helplessness in curbing the menace of corruption".

Conclusively, given that Amudha had already applied in time and had provided all necessary documentation, the division bench directed the department to offer her the compassionate appointment within four weeks, in line with her qualifications.

However, it upheld the single judge bench’s decision to reject the son’s application, holding that it should have been filed within three years. Since the son attained majority only after the expiry of this limitation period following his father’s death, the application could not be entertained.

Case Title: Gowdham Vs. The Director General, National Highways Department, Chennai and Others