- (1.)The petitioner herein is the wife of one D.Ramaingam who died on 27.04.1996, while working as an employee of the respondents. At that point of time, the petitioner was working as a Teacher and thereafter she resigned her job and made an application on 01.03.1999 seeking appointment to her son. The said application was rejected on the ground that the petitioner was receiving pension due to her retirement and also due to the death of her husband. Challenging the said rejection order, the petitioner filed a writ petition in W.P.No.6605 of 2001 which was allowed with a direction to the respondents to reconsider the further application of the petitioner dated 21.08.2001 in the light of the board proceedings in B.P.(Ch)No.330 dated 02.11.1993. Again the respondents rejected the said request of the petitioner and hence the present writ petition.
(2.)Ms.G.Thilakavathi, learned counsel for the petitioner submitted that on an earlier occasion, this Hon'ble Court has set aside the order impugned, but the respondents have passed the very same orders. According to the learned counsel a reading of B.P.(Ch)No.330 dated 02.11.1993 would show that the petitioner's son is not precluded from being considered for compassionate appointment. The learned counsel further submitted that at the time of the application neither the petitioner nor any other member of the family have been working.
(3.)Per contra, Mr.B.Sekar, learned counsel appearing for the respondents submitted that Clause-II of the Board Proceedings in B.P.(Ch)No.330 dated 02.11.1993 clearly states that when a member of the family is already in employment at the time of the death of the Government Servant, then the other dependants of the deceased Government Servant will not be eligible for compassionate appointment. He further submitted that a compassionate appointment has been made in order to tide over the financial difficulties faced by the family of the deceased Government employee and therefore in the present case, there is no such immediate necessity for compassionate appointment.