S GOPI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has challenged the rejection order passed by the third respondent declining to appoint him on compassionate ground.

(2.) THE case of the petitioner is that his father/ P.Subramani who was employed as Pumb Room Watchman as Nominal Muster Roll employee from 20.06.1983 onwards. Since his wages were not regularised, his father filed Writ Petition No.22771 of 2008, which was disposed by this Court on 18.09.2008 to consider the representation dated 04.08.2008. In the meanwhile, petitioner's father died. After that by order dated 23.12.2008, the respondents refused to regularise the service of the petitioner's father on the ground that he was not employed on 01.10.1996 on daily wages as per G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 and was only employed on fixed pay basis. Even before the petitioner's father could challenge the said order, he met with an accident on 10.01.2009 and passed away.

(3.) ON the other hand, the learned counsel for the third respondent submitted that the petitioner's father was employed as Pump Room Watchman on monthly wages of Rs.15/- under the contingencies funds, therefore, G.O.Ms.No.125 cannot be applicable. Moreover, petitioner's father was appointed only on compassionate ground. Therefore, the petitioner cannot be granted appointment on compassionate ground. He further submitted that in view of G.O.Ms.No.1644 dated 12.10.1979, the regularisation cannot be applicable to those who were appointed after 01.10.1979.