N RATHINASABAPATHY Vs. CHENNAI PORT TRUST

JUDGEMENT

(1.) THE petitioner's father was employed as Mechanic, Grade III under the respondent Port Trust. He was medically invalidated from service on 20.05.1997. THEreafter, the petitioner's father made representations dated 11.06.1997, 18.06.1997 and 08.08.1997 to the respondent seeking employment for the petitioner, on compassionate ground. THE respondent in their letter dated 14.08.1997 required the father of the petitioner and the petitioner herein, to produce a sworn affidavit before a Magistrate with joint declaration. Accordingly, the petitioner and his father submitted a sworn affidavit before the Chief Judicial Magistrate, Egmore, Chennai. Subsequently, the application dated 15.10.1997 of the petitioner seeking compassionate appointment, was registered and assigned the priority number as DR 2289. THE petitioner states that the respondent called him for an interview for the post of Mazdoor on 05.05.2000, 06.12.2000 and 31.08.2001. THE petitioner attended the interview with original certificates pertaining to his date of birth, educational qualification and community certificates etc. THEreafter, on 10.12.2004, the respondent called him to submit a proforma on or before 25.12.2004 and he has also submitted the same and awaited for appointment order. Since nothing came from the respondent, he made a representation dated 29.04.2009 to the respondent to consider him for appointment. THE petitioner studied upto IX Standard and he belongs to Backward Class community. THE petitioner sought for an unskilled job such as Mazdoor. While so, the respondent passed the impugned order dated 12.11.2010, rejecting his request for compassionate appointment stating that his name could be kept under consideration for three years only as per the Office Memorandum dated 05.05.2003.

(2.) THE petitioner has filed the present writ petition seeking to quash the order dated 12.11.2010 of the respondent and for a direction to provide him compassionate appointment.

(3.) IT is stated in the counter affidavit that before evolving the Scheme for compassionate appointment, in the year 2001, the Government Orders were adhered to. Accordingly, in some of the categories, including Mazdoor, certain vacancies were earmarked for compassionate appointment. IT is further stated that since because the petitioner was interviewed, he need not be appointed and the respondent is bound to act upon the orders of the Government issued in G.O.No.14014/19/2002/Estt.(D) dated 05.05.2003 and compassionate appointments are provided as per the said order. IT is stated that the dependents of the employees, who died before the issuance of the said order, were communicated with the contents of the order and they are offered compassionate appointment based on vacancies. IT is also stated that compassionate appointment is made based on penurious conditions of the dependents of the deceased employee at the time of making appointment against the vacancies reserved for compassionate grounds. Seniority is not the criteria for selection of candidates. IT is admitted in para 8 of the counter that after 05.05.2003, some of the dependents were appointed, even after the expiry of three years of the death of employees.