K UTHAYALAKSHMI Vs. SUPERINTENDING ENGINEER TIRUPPUR DISTRICT

JUDGEMENT

(1.) A "compassionate appointment" was taken away without "COMPASSION" by the officials. The Job was feeding the family of an young widow, who lost her husband, when she was hardly 24 years old with two minor children to be looked after. It is very unfortunate that the petitioner has to knock the doors of this Court for her livelihood. The petitioner should not have been driven to the Court by the officials who exhibited neither compassion nor care of the deceased employee's family who died in harness.

(2.) THE petitioner is challenging the order of her dismissal from the post of "Trainee Helper" by the second respondent on the ground that, the petitioner produced bogus educational qualification certificate for getting compassionate appointment due to death of her husband. THE petitioner's husband Mr.M.Easwaramoorthy working as Wire Man in the First respondent Board, died on 15.04.2005, while he was in service. THE petitioner, who is the wife of the deceased Mr.M.Easwaramoorthy, was aged about 24 years having two female children who are aged about 7 years and 3 years old and also 62 years old mother of the deceased employee. She was appointed as helper in the first respondent Board, as she studied up to VIII Standard. Before appointment, the School certificate was verified by the concerned Educational Authorities and also by the School. THE School gave a Certificate stating that she produced the genuine certificate. A complaint, was given stating that she studied only in Government Higher Secondary School at Oottanchattiram, Dindugal District and that she did not pass VIII standard and that she did not study up to 8th standard in Muthamizh Aided Middle School, Rasipuaram. Based on that, a charge memo dated 09.04.2009was issued for which a reply was given by the petitioner on 27.05.2009. An enquiry was conducted and by report dated 05.09.2009 two charges, out of three charges were said to have been proved. A Second Show Cause Notice was issued on 31.10.2009 and a reply was given on 25.11.2009 and thereafter she was removed from service on 21.01.2010. Challenging the same, the petitioner is now before this Court.

(3.) THE petitioner was appointed on 05.06.2006 on compassionate ground. Before appointment, the certificates of the petitioner were properly verified. THE Original Certificate issued by the Muthamizh Aided Middle School, Rasipuram was produced before the first respondent, who sent it for verification to the District Elementary Educational Officer, Namakkal who in turn confirmed the genuiness of the certificate through letter dated 26.09.2005. THE Head Master of the School also by his letter dated 08.09.2005 informed the Assistant Elementary Educational Officer that on comparison with the original school records, the certificate was found to be genuine.