L ANTHONY MUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come forward to challenge an order dated 22.11.2010 sent by the Public Information Officer attached to the office of the second respondent Director of Public Health and Preventive Medicine Department, Chennai.

(2.) BY the impugned order, the petitioner's mother M.Chinnammal was informed that her complaint made to the Chief Minister's Grievance Cell dated 21.10.2010 was sent to them for appropriate reply by the Department. She was informed that her husband late A.Lourdusamy, Sanitary Inspector attached to the Government Primary Health Center, Karapattu died while in service on 10.03.2001. When she sought for an employment on compassionate ground on account of his death for her son, who is the petitioner herein, she was informed that if any of the legal heirs who were eligible for compassionate appointment are having the minimum educational qualification for getting the post of Junior Assistant, they should not be appointed under any circumstances to a lower post. Therefore, her request for compassionate appointment for her son for the post of Record Clerk or Office Assistant or Night Watchman cannot be considered as there is no rules available in this regard.

(3.) THE petitioner was informed by the second respondent by a further letter dated 08.12.2009 stating that he cannot be granted any appointment even in the post of Driver quoting the very same G.O.Ms.No.1499 dated 03.08.1989. THE petitioner in the meanwhile as he could not survive without an employment gave an undertaking in a non-judicial stamp paper that he will accept any post of basic service and that he will not go to any Court challenging such grant of the post. It is for this letter, the impugned order dated 22.11.2010 came to be passed declining grant of appointment under class IV post. Challenging the said order, the present writ petition is filed.