A. ELUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner is the son of the late Mr.A.Avani who worked as a Pump Operator in the Marakanam Town Panchayat and died in harness on 15.06.2000. The death of the Petitioner's father occurred during the course of his employment and it appears that he slipped into the water tank while opening a valve in order to release water. At the time of his father's death, the Petitioner was about 11 years old.

(2.) Subsequently, he completed the 12 th standard and thereafter requested the Respondents for employment in the Marakanam Town Panchayat on compassionate grounds. For this purpose, he issued a lawyer's notice dated 18.06.2007 and thereafter filed W.P.No.36651 of 2007 for a writ of mandamus to consider the name of the Petitioner for the post of Junior Assistant on compassionate grounds. The said writ petition was disposed of by order dated 13.03.2008 by directing the Respondents to consider and dispose of the demand made by the lawyer's notice dated 18.06.2007 on merits within a period of eight weeks from the date of receipt thereof. By impugned order dated 01.04.2008, the request for compassionate appointment was rejected on three grounds. First, that the Petitioner's father worked as a Pump Operator between 01.10.1992 and 15.06.2000 on daily wages and not in a sanctioned post. Secondly, that workmen's compensation was paid pursuant to the order dated 13.12.2002 of the Assistant Commissioner, Labour-II, in an aggregate sum of Rs.2,18,924/-. Thirdly, that the Petitioner's father was employed on a contingent, daily wage basis and, therefore, the Government orders do not permit compassionate appointment to the Petitioner. The present writ petition was filed in these facts and circumstances.

(3.) After the writ petition was filed, the Petitioner filed a petition to amend the prayer and the said petition was allowed by order dated 05.11.2008. The amended prayer is for a writ of mandamus to direct the Respondents to regularise the services of the Petitioner's father, Mr.Avani.