T K VALLUVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner's father was working as Headmaster at Government Boys Higher Secondary School, Thozhudur, Cuddalore District. He died on 23.12.1985, while he was in service, leaving behind his wife, four daughters and two sons. The petitioner is one of the sons. Even before the death of his father, his elder brother was married on 15.02.1985 and was living with his family separately. The petitioner's brother was employed at a far away place and he is living at the place of his employment.

(2.) The petitioner claimed compassionate appointment due to the death of his father, stating that his family was in indigent circumstances. Based on his application for compassionate appointment, the District Educational Officer, Virudhachalam was directed to send report after conducting an enquiry. Accordingly, the District Educational Officer, Virudhachalam enquired into the matter and sent a report dated 25.05.1992. In the said report, he categorically stated that the elder brother of the petitioner was married, even prior to the death of the father and he was employed at a different place and he was living there with his family. It is also stated that he was not supporting the family. The District Educational Officer, Virudhachalam also stated that the family was in starving condition.

(3.) Based on the report of the District Educational Officer, Virudhachalam dated 25.05.1992, the second respondent issued an order dated 13.04.1993 appointing the petitioner as a Secondary Grade Teacher. The appointment order dated 07.07.1993 was issued by the third respondent, based on the aforesaid order dated 13.04.1993 of the second respondent.