LAWS(MAD)-2018-1-144

K LAKSHMI Vs. SECRETARY

Decided On January 04, 2018
K Lakshmi Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) The order of rejection dated 09.10.2013, is sought to be quashed in the writ petition. Further direction is sought for to provide appointment to the second daughter of the writ petitioner on compassionate ground.

(2.) The learned counsel appearing for the petitioner made a submission that the husband of the writ petitioner Late Sri. Kulanthaisamy was employed as Village Assistant and passed away on 06.04.2001, while he was in service. On account of the sudden demise of the husband of the writ petitioner, the family was in penurious circumstances and the writ petitioner submitted an application seeking appointment to the first daughter of the deceased employee, on 13.07.2001. However, the first daughter got married in the year 2002 and left the family. Thereafter, in the year 2005, the writ petitioner had submitted another application seeking compassionate appointment to the second daughter of the deceased employee. The same was kept pending by the respondents without passing any orders. However, after a long time, the claim of the writ petitioner was negatived in proceedings of the year 2011 dated 09.11.2011. The writ petitioner filed W.P.(MD) No.14287 of 2011 challenging the said order of rejection. This Court passed an order dated 11.07.2013, setting aside the order of rejection and remitted back the matter to the second respondent to re-consider the claim of the writ petitioner. Pursuant to the order of this Court, the District Collector passed an order in proceedings dated 09.10.2013, rejecting the claim of the writ petitioner, which is under challenge in the present writ petition.

(3.) The learned Additional Government Pleader appearing for the respondents opposed the contention of the writ petitioner by stating that there is no provision in the Scheme of compassionate appointment to entertain the second application submitted by the legal-heirs of the deceased employee to provide appointment to the second daughter. Thus, the order of rejection is in accordance with the terms and conditions of the Scheme of appointment.