D NARMADHA Vs. DIRECTOR GENERAL OF POLICE MYLAPORE

JUDGEMENT

(1.) Heard Mr. K.R. Thamizhmani, learned Counsel appearing for the Petitioner and Ms. V.M. Velumani, learned Special Government Pleader appearing for the Respondents.

(2.) An order passed by the Superintendent of Police, Thiruvarur District, in Proceedings No: C.A. No: A4/9060/07 dated 2.2.2008 rejecting the claim of the Petitioner for compassionate appointment on the ground that the Petitioner was only a minor even at the expiry of the three years time limit and that the Hon'ble Supreme Court has, in a judgment reported in 2000 AIR(SC) 2782 held that vacancies cannot be reserved for a dependent/claimant minor at the time of death of an employee till he attains majority after a number of years has been called in question, seeking to quash the same and for a consequential direction to direct the Respondents herein to provide appointment to the Petitioner in a suitable post in the Police Department or any other Government Department within a time limit as specified by this Hon'ble Court.

(3.) According to the Petitioner she is the daughter of the deceased Government servant Shri.P. Dheenadhayalan, who was working as Head Constable in the Armed Reserve Police, Thiruvarur and his Staff Number is HC 776. He died on 23.12.2004 due to heart attack while in service. The deceased Dheenadhayalan was a permanent employee and belongs to Schedule Caste Community. Petitioner's mother sent a representation on 21.06.2006 to the Superintendent of Police, the 2nd Respondent herein, requesting him to give appointment to her daughter Selvi. Narmadha. By a letter dated 28.07.2006, the 2nd Respondent informed the Petitioner that she should have completed 18 years of age and since she is aged about only 16 years, he asked the other members of the family including the mother or any sister or brother of the Petitioner to submit application for the said appointment. As the Petitioner is the only daughter of the deceased there was no chance to submit an application as requested by the 2nd Respondent. Therefore, Petitioner made a request on 22.05.2007 to the 2nd Respondent to appoint the Petitioner who is the only daughter on compassionate ground. In turn, the 2nd Respondent, in his letter of communication dated 06.06.2007, directed to submit a revised form in Form No: 2. Petitioner was studying 12th standard in the Veludaiyar Higher Secondary School, Thiruvarur. Accordingly, the Petitioner submitted the revised form enclosing the required certificates namely death certificate of Shri.P. Deenadhayalan, legal heir certificate of Shri.P. Deenadhayalan, the certificate issued by the Headmaster that the Petitioner is studying in 12th standard, S.S.L.C. Mark sheet of the Petitioner, community certificate of the Petitioner, Tahsildar's certificate regarding the income of the mother of the Petitioner, indigent certificate of the mother of the Petitioner, Tahsildhar's certificate regarding the residence of the Petitioner, Tahsildhar's certificate to the effect that no member of the family is employed in Government or Private agency and Tahsildhar's certificate to the effect that the mother of the Petitioner is not married for the second time.