V RAJA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition came to be posted before this Court on being specially ordered by the Hon'ble Chief Justice vide order dated 25.03.2011.

(2.) The writ petition was filed by the Petitioner, seeking to challenge the order of the first Respondent State made in G.O. Ms. No. (2D) No. 68, Rural Development Department dated 16.07.2002, dated 16.07.2002 and the consequential show cause notice dated 31.08.2002 made by the third Respondent District Collector, Tirunelveli and the proceedings dated 27.11.2002 made by the 4th Respondent, the Commissioner of Valliyur Panchayat Union.

(3.) By the impugned order dated 16.07.2002, the third Respondent was directed to issue a show cause notice and after getting appropriate explanation was directed to cancel the appointment of the Petitioner. Pursuant to the said direction issued by the State Government, the District Collector issued the Show Cause notice dated 31.08.2002 asking him to explain as to why his services could not be terminated. He was informed that the Petitioner was taken on adoption by late R. Meenal, who was working as maternity Ayah under the Nanguneri Panchayat. It was claimed that the adoption was not registered as per law and therefore, the Petitioner could not have claimed appointment on compassionate grounds on account of the death of his adoptive mother. The said claim was contrary to G.O. Ms. No. 2899 Labor and Employment Department, dated 23.12.1988.