M RAJALAKSHMI Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has come forward to challenge a reply, dated 29.10.2010 given by the respondent District Elementary Educational Officer, Vellore in response to the petitioner's request for grant of employment on compassionate grounds due to the death of her sister M.Kalarani, who was working as a Teacher in Veerichettipalli Panchayat Union Primary School. THE petitioner was informed that as per the existing rule, there is no provision for grant of employment assistance for the sister of the deceased Government employee.

(2.) THE contention of the petitioner was that both her parents died at her young age. She had two sisters Kalarani and Rajeswari. THE eldest sister Rajeswari was unemployed and that the immediate younger sister Kalarani got appointment as a Secondary Grade Teacher only at the age of 44 years and she was maintaining the family. But however on 31.12.2008, she died leaving her and her elder sister without any support. She got legal heir certificate from the Tahsildar, Katpadi. She had also applied for succession certificate before the Sub Judge, Gudiyatham in O.P.No.1 of 2009 declaring her as a legal her of deceased Kalarani. THEreafter, she sent a representation to the Chief Minister's Grievance Cell on 23.9.2010 claiming employment on compassionate grounds. That letter was forwarded to the respondent. In respect to the said direction, the respondent had informed the petitioner negativing her request for employment on compassionate grounds.

(3.) THE scheme providing for wider range of employment assistance came to be considered by the Supreme Court and it was read down to include only the son, daughter or widow of the family vide its judgment in Auditor General of India and others Vs. G.Ananta Rajeswara Rao reported in (1994) 1 SCC 192 and in paragraph 5, it was observed as follows: