G GNANAVALLI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner's mother was employed as Sanitary Worker in the second respondent Municipality. She died on 17.11.1997 while in service, leaving behind the petitioner and her sister as her legal heirs. THE petitioner got married before the death of her mother. However, her marital life did not go well and the same ended in divorce on 06.07.1998 in H.M.O.P.No.38/1998 by the Sub Judge, Karur. Hence, she sought compassionate appointment on the ground that she is a deserted woman. But no order was passed by the second respondent Municipality either accepting or rejecting her request for compassionate appointment. However, the second respondent wrote a letter to the Commissioner of Municipal Administration seeking clarification as to whether the petitioner, who obtained divorce after the death of her mother, could be given compassionate appointment. It is now stated that no order is passed so far.

(2.) WHEN the matter is taken up for hearing today, the learned counsel for the petitioner submits that the matter is squarely covered by the following decisions of this Court.

(3.) IN the judgments relied on by the learned counsel for the petitioner, the daughters of the Government servants, who died in harness, were declined compassionate appointment on the ground that they were married. While the marriage is not a disqualification for the son of a Government servant, the same could not be cited as a disqualification for the daughter of a Government servant. This Court in the aforesaid judgments held that marriage could not be cited as a disqualification for considering the case of the daughters for compassionate appointment.