C. ILAYARAJA Vs. DISTRICT COLLECTOR, SIVAGANGAI DISTRICT

JUDGEMENT

(1.) PRAYER in this writ petition is challenging the order passed by the respondent dated 27.11.2006 in his proceedings in ROC A-2/59450/2006 and consequently, directing the respondent to absorb the petitioner in any of the vacancy according to the petitioner's qualification.

(2.) THE case of the petitioner is that his father Chellasamy was serving as Village Administrative Officer in Ilayangudi Taluk of Sivagangai District and died on 27.09.1983, while he was in service. His father left behind him a son, a daughter and his wife. At the time of death of his father, the petitioner was aged about 7 years and his sister was aged about 12 years. The petitioner's mother applied to the respondent in the year 1983 itself, for seeking compassionate appointment to the petitioner and the Revenue Divisional Officer, Sivagangai through his proceedings dated 30.01.1987 advised her to renew the application after the petitioner attains the age of 18 years. When the application for appointment on compassionate ground was renewed in the year 2000, the respondent informed through memo, dated 25.08.2000 to furnish 13 items of documents, which also were furnished by the petitioner in time. However, the petitioner was informed that there was a ban order imposed by Government on new appointments and therefore, his request for the compassionate appointment would be considered only after the lifting of the said ban order. While that being so, the present impugned order came to be passed by the respondent on 27.11.2006 rejecting the petitioner's application seeking for compassionate appointment solely on the reason that the application received on 08.09.1999 was beyond a period of three years from the date of death of his father. Aggrieved by the said action of the respondent the petitioner filed the present writ petition.

(3.) THE learned counsel for the petitioner argued that the respondent failed to consider the earlier application filed by the mother immediately after the death of the petitioner's father and subsequent correspondence between the petitioner and the respondent calling upon him to produce the necessary documents. It is also argued by the petitioner's counsel that the G.O.Ms.No.120 dated 26.06.1995 issued by the Labour and Employment Department, stipulating the period of limitation of three years for making an application on compassionate ground cannot be applied in the case of the petitioner, as the petitioner's father died as early as in the year 1983 and the first application was submitted in the year 1983 itself.