R. Mahadevan, J. - (1.) CHALLENGE in this Writ Petition is to the order, dated 08.12.2011, rejecting the request of the petitioner for appointment on compassionate ground and for a direction to the respondents 2 and 3 to give employment on compassionate ground, commensurate to his educational qualification.
(2.) THE case of the petitioner is that his father, by name, V.Kannadichamy, while working as Office Assistant died, on 18.11.1992 in harness, leaving behind the petitioner, his mother, and sister. At the time of death of his father, the petitioner was a minor, studying sixth standard. Since his mother did not possess the required educational qualification, she could not apply for appointment on compassionate ground. After attaining majority and possessing required qualification, the petitioner submitted a representation, dated 21.03.2003, before the third respondent seeking appointment on compassionate ground. The third respondent, by the impugned order, dated 08.12.2011, rejected the claim of the petitioner on the ground that the application was not made within a period of three years from the date of death of the employee. Challenging the same, the present Writ Petition has been filed. The Learned counsel appearing for the petitioner submits that the family of the petitioner has been living in indigent circumstances. The mother of the petitioner being illiterate was ineligible to apply and the petitioner, after attaining majority, had submitted the application within three years. The learned counsel further contended that the same was not considered in view of the ban on appointment on compassionate grounds. The learned counsel further contended that as on the date of submission of the application, the letter, dated 10.10.1995, was in force, and therefore, the rejection of the application based on another subsequent letter is bad in law, and therefore, contended that the impugned proceedings has to be set aside with appropriate directions.
(3.) THE learned counsel, in support of his contention, makes reliance upon the following Judgments: - i. T.Meer Ismail ali Vs. The Tamil Nadu Electricity Board, reported in : 2004 (3) CTC 120; ii. B.Arun Kumar Vs. Secretary to the Government of Tamil Nadu, reported in : 2011 (8) MLJ 457; iii. C.Dilli Babu Vs. State of Tamil Nadu, reported in : 2011 (7) MLJ 420; iv. N.Komalavathi Vs. Director of Elementary Education, reported in : 2013 (70 MLJ 653; v. S.Preethi vs. The Commissioner, Land Survey and Land Revenue Department, [W.P. No. 11601 of 2012, dated 22.11.2013];