P JAYAKRISHNA PRASAD Vs. DISTRICT EDUCATIONAL OFFICER THIRUVALLUR

JUDGEMENT

(1.) THE petitioner has filed the original application on the file of the Tamil Nadu Administrative Tribunal, challenging the order of termination passed by the respondent/District Educational Officer, Thiruvallur in Proc.R.C.No.131/A1/92 dated 16.03.2000. Though the petitioner's appointment was made on compassionate grounds, the respondent came to know that the petitioner's mother was working at the time of submission of his application, seeking compassionate appointment. As he concealed and deliberately withheld such vital information with wrong motive to get compassionate appointment by suppressing the fact that the petitioner's mother was not working anywhere, namely, the petitioner's mother was working as Telugu Pandit in Government Girls Higher Secondary School at Thiruthani, he was issued with the impugned order ignoring the fact that his mother also died on 10.01.2000. When the impugned order was challenged, the Tribunal has granted interim stay at the time of entertaining the Original Application. By virtue of interim stay, the petitioner was allowed to continue in service. When the petitioner's mother Tmt.Nagarathinnammal, also died on 10.01.2000, leaving behind the petitioner, it was pleaded that the petitioner is entitled to seek compassionate appointment but his turn will come late. THErefore, the only contention raised by the learned counsel for the petitioner to sustain the appointment granted to the petitioner on compassionate ground is that though the respondent came to know that the petitioner's mother was employed as Telugu Pandit in the Government Girls Higher Secondary School at Thiruthani, at the time of submitting the application seeking for employment on compassionate ground, the respondent has passed the impugned order, terminating the service of the petitioner on the ground that the petitioner by suppressing the fact that the petitioner's mother Tmt.Nagarathinnammal not employed. But, unfortunately, the petitioner's mother Tmt.Nagarathinnammal also died on 10.01.2000. THErefore, the petitioner is left without anybody to take care of him and his family. Secondly, the learned counsel for the petitioner further requested to consider the subsequent development taken place, namely, the death of the petitioner's mother. In the light of the interim order passed by this Court, the petitioner was allowed to continue in service till now. Subsequently, the petitioner got married and is having a child. Since the petitioner's mother also passed away, he is entitled to get employment on compassionate ground. On that basis, he prayed for setting aside the impugned order. Thirdly, he further submits that in the light of the interim order passed by the Tribunal, since he was allowed to continue for more than 10 years, he was over aged and was carrying the biggest family responsibility consisting of wife and child and in such circumstances, if the impugned order terminating the service of the petitioner is not set aside, his entire family would be uprooted resulting irreparable hardship to his family members.

(2.) THIS Court has no sympathy for the petitioner to continue in service, as he has concealed the factum of his mother employed as Telugu Pandit in the Government Girls Higher Secondary School in Tiruthani, at the time of application, seeking for employment on compassionate ground. But taking into account the subsequent development that the petitioner's mother died on 10.01.2000 and the petitioner also, by virtue of interim order, is continuing in service for more than 10 years upholding the impugned order of termination would definitely result in uprooting in the petitioner-s family. That aprat, he is also entitled to get the benefit of compassionate ground on the ground that the petitioner's mother was also died.