T THIRUNAVUKARASU Vs. DISTRICT COLLECTOR, THIRUVARUR DISTRICT

JUDGEMENT

(1.) By consent, this Writ Petition is taken up for final disposal.

(2.) The father of the petitioner was employed as Village Administrative Officer and he died in harness on 17.03.1993, leaving behind his wife and five children, which include the petitioner also. The mother of the petitioner, namely Tmt.Padmavathy made a representation dated 13.04.1993 to the respondent praying for appointment on compassionate ground on the ground that she along with her five children were finding it extremely difficult to make both ends meet. The mother of the petitioner has also approached the respondent very many times and she has not been favoured with any kind of response and no order of rejection came to be passed rejecting her request for appointment on compassionate ground. The petitioner was aged about 7 years at the time of demise of his father and after attaining majority, the mother of the petitioner submitted a petition to the Collector of Thanjavur District dated 12.07.1993 on the grievance day and it was forwarded to the Tahsildar, Nannilam to take appropriate action and to inform the petitioner. The petitioner, after attaining majority, has also sent a representation dated 24.02.2007 and the Tahsildar, Nannilam issued proceedings dated 27.04.2007 calling upon the petitioner to appear for enquiry along with relevant documents and accordingly, the petitioner appeared and produced all the documents. However, the respondent has rejected the petitioner's request, vide order dated 26.08.2011 on the ground that the petitioner did not fulfill the age and educational qualification. Thereafter, the mother of the petitioner has submitted a representation praying for reconsideration and to give appointment to her son and it was once again rejected by the first respondent on 10.08.2012 and challenging the orders of rejection dated 26.08.2011 and 10.08.2012, the petitioner has come forward with this writ petition.

(3.) The learned counsel appearing for the petitioner has drawn the attention of this Court to the materials placed and would submit that admittedly, the father of the petitioner died in harness on 17.03.1993 and the mother of the petitioner immediately submitted the application in the year 1993 itself and the said application has not at all been given disposal and on attaining the age of majority by the petitioner, the mother of the petitioner submitted application to the Collector of Thanjavur on Grievance Day on 22.02.2005 seeking appointment on compassionate ground to her son and it was forwarded to the District Collector Thiruvaur for taking necessary action and to inform the same to the petitioner and however, the respondent, without taking note of the indigent circumstances of the family, has simply rejected the application on the ground that the petitioner has not fulfilled the age and educational criteria. The learned counsel appearing for the petitioner would further submit that since the petitioner has passed X standard, he may be accommodated in any of the post according to his qualification and therefore, prays for interference.