A RAJESH Vs. STATE OF TAMIL NADU, SECRETARY, EDUCATION DEPARTMENT,; DIRECTOR OF SCHOOL EDUCATION,; JOINT DIRECTOR OF SCHOOL EDUCATION, (EMPLOYEE SECTION) AND CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) This writ appeal is directed against the order, dated 18.11.2010 passed in W.P(MD) No. 3413 of 2010 whereby the learned single Judge dismissed the writ petition filed by the Appellant herein.

(2.) It is the case of the Appellant that his mother was working as Elementary Grade Teacher and she died while in service, on 04.06.1968 and his father got himself separated from the family and married another woman by name C. Rajam on 15.01.1971. The Appellant was living under the care of his grand mother and his father never treated him as his son. Even in the pension papers, Appellant's father had given the name of his second wife and his sons born through her, namely A. Dinesh and A. Mukesh as his legal heirs for family pension. While so, on 28.03.1996, the Appellant was appointed on compassionate grounds following the guidelines prescribed in G.O. Ms. No. 155, dated 16.07.1993, which provides for employment on compassionate grounds to those indigent dependants of Government servants who died in harness. The appointment of the Appellant was on temporary basis subject to confirmation by the Government and the Appellant was posted at Thirunandhikarai, Kanyakumari District.

(3.) While so, a show cause notice dated 15.10.1998 referring to the proceedings of the second Respondent dated 27.07.1998 was served on the Appellant to submit his explanation as to why he should not be removed from service on the ground that the Appellant's father was in Government service at the time of death of his mother on 04.06.1968. Pursuant to the said show cause notice, the Appellant has submitted explanation dated 09.11.1998 to the second Respondent through proper channel stating that after the demise of his mother he was under the care of his grand mother and he did not have the moral and financial support from his father. Therefore, G.O. Ms. No. 155, dated 16.07.1993 is very much applicable to him.