M.VIGNESWARAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) It is the case of the petitioner that his father, while working as Head Constable under the respondent, died in harness on 3.10.04 and his wife, viz., the mother of the petitioner, predeceased his father. At the time of demise of his father, the petitioner was a minor, aged about 13 years and, therefore, the petitioner, on completion of 16 years, submitted an application to the respondents for compassionate appointment on 30.4.06, which was rejected vide order dated 27.7.07 citing the minority of the petitioner on the said date.

(2.) It is the further case of the petitioner that his date of birth is 10.7.1991 and on completion of 18 years on 10.7.09, the petitioner against submitted another application for consideration of his case for compassionate appointment, which was again rejected by the 3 rd respondent on the ground that at the time of death of his father, the petitioner having not completed the age of 18 years, his claim cannot be considered on the basis of G.O. Ms. No.120, Labour and Employment Dept., dated 26.6.1995 vide order dated 20.8.09, which is also impugned herein.

(3.) Thereafter, the petitioner submitted a detailed representation on 7.5.1'2 to the 2 nd respondent seeking compassionate appointment, which was forwarded to the 3 rd respondent on 20.12.13. However, once again, the representation of the petitioner was rejected by the 3 rd respondent vide the impugned order dated 14.1.14 drawing reference to G.O. Ms. No.112, P&AR (S) Dept., dated 23.8.05. The continuous rejection of the application of the petitioner for compassionate appointment without adherence to the ratio laid down by the Hon'ble Supreme Court and the Division Bench of this Court has prompted the petitioner to file the present application.