G.MUNISHWARI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The prayer sought for in this writ petition is to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.A2/6377/2018 dated 22.01.2020 and quash the same and consequently direct the 2nd respondent to give compassionate appointment to the petitioner's daughter namely G.Ilavarasi Pavithra in any one of the posts to which she is suitable.

(2.) The petitioner's husband, who was working as Nayak in the respondents police department, died on 06.04.1998, due to an accident leaving behind his wife i.e., the petitioner and his three months old daughter, who born on 13.01.1998. Thereafter, it is the case of the petitioner that, in the year 2001, i.e., within three years from the date of death of her husband, application has been made to the respondents seeking compassionate appointment for her daughter, who was at that time three years old child. Thereafter, it is the claim of the petitioner that in 2005, an application was again made and that was also rejected by the respondents on the ground that within three years, no application has been made. It is the further case of the petitioner that while rejecting the said application, a stand was taken by the respondents that since the daughter of the petitioner was only minor, after she attains majority, the case of the petitioner would be considered for giving appointment on compassionate ground to her daughter depending upon the prevailing rule at that time. Thereafter some applications and communications have been made. Ultimately on 21.11.2019, a latest application was made by the petitioner to the second respondent stating that her daughter one G.Ilavarasi Pavithra, who born on 13.01.1998, has attained majority and also she has completed her undergraduate degree course and therefore, based on her educational qualification, priority for giving appointment on compassionate ground can be registered and accordingly appointment can be given to the petitioner's daughter. The said application dated 21.11.2019, having been considered by the second respondent, was rejected vide impugned order dated 22.01.2020. Challenging the same, the present writ petition has been filed.

(3.) The learned counsel appearing for the petitioner would submit that within three years period from the date of death of the petitioner's husband, an application was made some time in 2001. At that time, the petitioner's daughter was only three years old. Subsequently, several applications have also been made and those applications even though were rejected by the respondents, some endorsement have been made or some communications have been made by the respondents stating that the request of the petitioner with regard to the grant of compassionate appointment to her daughter would be considered, after the petitioner's daughter attained majority considering the then prevailing rule.