SHANMUGAM Vs. SUPERINTENDING ENGINEER DHARMAPURI

JUDGEMENT

(1.) THE present writ petition is filed by Shanmugam S/o of Late Pachaippan seeking issuance of writ of Certiorarified Mandamus to call for the records in Ka.No.018171/1240/Ni.Pi.2(3)No.Ve.Va/2000 dated 08.09.2000, passed by the respondent, and to quash the same as illegal and also to direct the respondent to grant compassionate ground appointment to the petitioner.

(2.) THE case of the petitioner herein is that the petitioner's father who worked as a Line Inspector under the control of the Superintending Engineer,Dharmapuri Electricity Distribution-Circle, Dharmapuri, on account of continuous ill-health, died on 08.05.2000. THEreafter, the petitioner's mother received all the benefits and the petitioner Shanmugam being the only son, applied for compassionate appointment on 20.08.2000 and the same was also received by 24.08.2000.

(3.) IN his further submission, the learned counsel for the respondent also relied upon G.O.letter No.22247/N1/82-4 dated 23.11.1982. As per the said G.O., the Government have also extended the concession of direct appointment without reference to the Employment Exchange, given to the son/daughter/near relative of a Government servant who dies in harness, to the son/daughter/ near relative of a Government servant who retires from Government service on medical invalidation under Article 441 read with Articles 452 and 454 of the Civil Service Regulations. It is further made clear that the benefit of above said G.O. was extended to the sons, unmarried daughters, wife and husband of officers retiring after they have attained the age of 50 years, but as the Government has decided that the benefit of compassionate appointment envisaged in the above said G.O. should be confined to the cases wherein the Government servants retire on medical grounds before they attain the age of 50 years, the case of the petitioner cannot be considered. On that basis, prayed for dismissal of the present writ petition.