LOCAL ADMINISTRATION DEPARTMENT Vs. M SELVANAYAGAM ALIAS KUMARAVELU

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment passed by a Division Bench of the Madras High Court. By the judgment and order coming under appeal, the High Court directed the Appellants to provide appointment to the Respondent under the scheme of "compassionate appointments" for the death of his father while he was in service. The High Court further asked the Appellants to comply with the direction within three months from the date of the order.

(2.) The Respondents father Meenakshisundaram worked as a Watchman in Karaikal Municipality. He died on November 22, 1988, after putting in 4 years 3 months and 25 days of service. He left behind a widowed wife and two sons, including the Respondent who was 11 years old at that time. The wife of the deceased, whose age at the time of the death of her husband was 39 years, did not make any request for her appointment on compassionate grounds.

(3.) After about five and a half years of his fathers death, the Respondent passed the S.S.L.C. examination in April, 1993. And then, for the first time on July, 29, 1993, the Respondents mother made an application for his appointment on compassionate grounds. No action was possible on this application since the Respondent was still a minor. Later on, another application was made for his appointment on compassionate grounds after 7 years and 6 months of the death of his father. Failing to get a favorable response to his application, he filed a Writ Petition before the High Court seeking appropriate directions to the concerned authorities. That Writ Petition was disposed of by a single Judge of the High Court with a direction to the authorities to consider his claim for appointment on compassionate grounds afresh and pass an order on his application within four months from the date of receipt of that order. This order (first in the series) passed by the High Court was followed by a contempt proceeding initiated against the authorities at the instance of the Respondent but that is not relevant for the present and we need not go into that any further. Suffice to note that eventually, the Municipality rejected the Respondents claim for compassionate appointment vide order dated 19.4.2000. He once again went to the High Court. A single Judge of the High Court, this time, rejected the Writ Petition. Against the order passed by the single Judge, he filed an intra-court appeal which was allowed by judgment and order dated April 30, 2004, and the Municipality was given the direction to appoint the Respondent within three months from the date of the order.