C DILLI BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner's father was working as a NMR on daily wages in the office of the Assistant Executive Engineer, P.W.D., Chepauk, Chennai from 01.08.1978. He worked in the said office upto June 1984. Thereafter, he was transferred to the 4th Respondent Sub Division. He died on 15.01.1995 while he was in service. He was regularised by an order dated 16.08.1995 with effect from 01.01.1989. The Petitioner's mother was paid Family Pension at the rate of Rs. 375/- per month. She was also paid DCRG. The Petitioner's mother made an application dated 16.08.1996, claiming compassionate appointment for her or her son. Later, she madea representation dated 23.04.1997, claiming compassionate appointment for her. Thereafter, the Petitioner made another representation dated 09.07.2001, claiming compassionate appointment for him. The 3rd Respondent by letter dated 27.08.2001, directed the Petitioner to apply in proper format along with relevant documents. Accordingly, the Petitioner applied for the same. The application was rejected by the second Respondent, by an order dated 09.03.2010, on the ground that the application for compassionate appointment was made after six years from the date of death of the father of the Petitioner. All the documents were returned by an order dated 11.10.2010 by the fourth Respondent.

(2.) In these circumstances, the Petitioner has filed the present writ petition seeking to quash the order of the second Respondent dated 09.03.2010 and the order of the fourth Respondent dated 11.10.2010 and to quash the same and for consequential direction to the Respondents to consider his claim for appointment on compassionate ground to any eligible post.

(3.) The Respondents filed a counter affidavit stating that the Petitioner failed to make the application for compassionate appointment within 3 years from the date of death of his father and therefore, the application for compassionate appointment was rejected.