D SPURGEN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The Original Application in O.A.No.5317 of 1998 before the Tamil Nadu Administrative Tribunal is W.P.No. 35635 of 2006 before this Court.

(2.) The petitioner's mother Tmt.Inbaraj was working as Secondary Grade Teacher in the Government Middle School, Idaicode, Kanyakumari District. She died on 24.04.1975 due to harness leaving behind her son (Petitioner), daughter and her husband. After the death of his mother, the petitioner was brought up by the paternal grandmother since his father remarried another woman and lived separately without looking after the children. His mother died and left the petitioner and his sister in indigent circumstances. At the time of death of his mother, the petitioner was only four years old. After completion of higher Secondary educational course in March 1994, the petitioner applied for appointment on compassionate grounds as Junior Assistant on 16.05.1994. The Tahsildar of Vilavancode certified that the family of the deceased Government servant was living in indigent circumstances. In these circumstances, the petitioner was appointed by the second respondent as Junior Assistant on compassionate grounds by an order dated 28.11.1995.

(3.) While so, the proposals for regularising the services of the petitioner was submitted by the second respondent to the first respondent. While considering the proposals, the first respondent found that the appointment of the petitioner on compassionate grounds was irregular, since his father was working in Kattabomman Transport Corporation at the time of death of the mother of the petitioner. Hence, it seems that the first respondent has issued a proceeding dated 20.04.1998 to the second respondent to issue a show cause notice to the petitioner seeking explanation as to why his appointment shall not be cancelled. It seems that the said proceeding indicated that the disciplinary proceedings would be initiated against the concerned officers for providing irregular compassionate appointment to the petitioner. In these circumstances, the second respondent issued the impugned show cause notice dated 26.06.1998 to the petitioner asking to show cause why his compassionate appointment cannot be cancelled, since his father was in employment on the date of death of his mother.