S S MOHUNRAJ Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) The question in this writ petition relates to regularisation of appointment made on compassionate ground. But the manner of dealing with the matter by the respondent is anything but compassionate.

(2.) The petitioner was appointed as a Record Clerk on 2.7.1991 in the Office of the Sriperumbudur Town Panchayat after the death of his adoptive father, who while working as Sanitary Supervisor has died in harness on 16.3.1989. Subsequently, an order of termination was passed on 9.5.1995 even without issuing any notice to the petitioner on the ground that the petitioner had been adopted after the death of the employee and the adoption was opposed to the provisions contained in the Hindu Adioption and Maintenance Act as the person adopted was more than 15 years old. At that stage the petitioner had filed W.P.No.11895 of 1995 wherein the High Court while quashing the order of termination had directed the respondent No.3 to send proposal for regularisation of the services of the petitioner. Inspite of the aforesaid direction, the matter remained in cold-storage for a pretty longtime and the third respondent maintained a sphinx like silence. The petitioner was again forced to knock at the doors of justice by filing W.P.No.4715 of 1998 and this Court gave a direction that the order passed in the earlier writ petition should be complied with. Thereafter the impugned order has been passed by the third respondent. The relevant portion of the order is as follows :-

(3.) The present writ petition has been filed for quashing the aforesaid order and for giving a direction to absorb the petitioner on regular basis.