LAKSHMIKANTH KALATHI Vs. COMMISSIONER OF TRANSPORT

JUDGEMENT

(1.) The Petitioner challenges an order dtd. 9/6/2011 whereby his request to be appointed as Motor Vehicle Inspector Grade II in the RTO Office at K.K.Nagar, Chennai or at any other appropriate place was rejected by the Respondents.

(2.) The Petitioner's father, who had been working as a Superintendent in the RTO Office, Anna Nagar died in harness on 20/10/2005. After his death, the petitioner applied for appointment under the compassionate appointment quota. Pursuant to such application, the petitioner was appointed by appointment order dtd. 29/1/2008 in the post of Junior Assistant. On the basis that the petitioner possessed requisite qualifications for appointment as Motor Vehicle Inspector Grade II as also on the basis that other similarly situated persons had been appointed as Motor Vehicle Inspector Grade II, the petitioner submitted a representation dtd. 4/6/2011 to consider his appointment as Motor Vehicle Inspector Grade II. The said representation was rejected by the impugned order and this resulted in the filing of the writ petition.

(3.) Learned counsel for the petitioner relied heavily that G.O.Ms.No.16 Personnel & Administrative Reforms Department dtd. 5/1/1987 so as to contend that the post of Motor Vehicle Inspector Grade II is a Group C post. On such basis, he contended that the rejection of the petitioner's representation on the basis that compassionate appointment can be offered only in Group C and D posts whereas the post of Motor Vehicle Inspector Grade II is a Group B post is erroneous. He also pointed that a person called Muthu was appointed as Motor Vehicle Inspector Grade II under the compassionate quota and that another person called Babu was also appointed under the compassionate quota as Motor Vehicle Inspector Grade II. Accordingly, he contended that the impugned order is liable to be quashed.