LAWS(MAD)-2010-12-63

MOHANAMBAL Vs. DIRECTOR LAND AND SURVEY DEPARTMENT

Decided On December 03, 2010
MOHANAMBAL Appellant
V/S
DIRECTOR, LAND AND SURVEY DEPARTMENT, KANCHEEPURAM DISTRICT Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the order of the second Respondent dated 7.11.2008 rejecting the request of the Petitioner seeking compassionate appointment and for a direction to the Respondents to appoint the Petitioner on compassionate ground.

(2.) The case of the Petitioner is that Petitioner's father Arjunan was employed as Surveyor at Uthiramerur in the Land and Survey Department and on 10.2.1986 he died in harness, leaving behind the Petitioner and her mother (wife of the deceased employee). According to the Petitioner, her father was the sole bread-winner of the family. The Petitioner belongs to Scheduled Caste community and immediately after the death of Arjunan, Petitioner's mother submitted an application seeking compassionate appointment to her in the year 1986, which was rejected on the ground that she was riot having minimum qualification of 8th standard.

(3.) On passing Plus Two (+2) examinations, Petitioner submitted an application in the year 2001 along with all relevant certificates and at that time the Petitioner had completed 18 years of age and was not married. The said application was kept pending for seven years due to the ban order issued by the Government in G.O. Ms. No. 212 P&AR Department, dated 29.11.2001 and during pendency of the said application, on 2.2.2004, Petitioner married one Ramesh, who is also not employed. The second Respondent informed the Petitioner that her claim for appointment on compassionate ground was forwarded to the Government, the ban order issued by the Government in the year 2001, the same was not considered. On 21.2.2006, the Government lifted the ban order and on 20.6.2007, Petitioner submitted the relevant documents and also stated that she is the only eligible legal heir of the deceased employee (Arjunan), entitled to be appointed on compassionate ground. However, the said request was rejected by the department on 24.8.2007 stating that the Petitioner is a married woman and therefore she is not entitled to get appointment on compassionate grounds.