STATE OF TAMILNADU, REP.BY ITS SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT Vs. A. MUSTHAFA IQBAL BASHA

JUDGEMENT

(1.) THE State has preferred this appeal as against the order of the learned Single Judge, dated 15.03.2011, passed in W.P.(MD)No.119 of 2010, wherein the respondent herein sought for a writ of certiorified mandamus to quash the proceedings, dated 06.11.2009, of the District Educational Officer, Lalgudi, Trichy District, the 4th appellant herein, rejecting the request of the respondent for appointment on compassionate ground, in any of the Government Schools.

(2.) A perusal of the order passed by the learned Single Judge shows that the contention of the respondent was accepted on the ground that on the date of death of the respondent's father, i.e. on 15.10.1993, he was working as B.T.Assistant in the Education Department and on the said date, the respondent was just 13 years old, studying in VIII-standard. After attaining majority, the respondent is stated to have submitted an application on 30.12.1999 and sought for appointment on compassionate ground. Prior to that, the respondent's mother also submitted an application on 23.06.1999 to the District Educational Officer, who sought for certain details from the respondent's mother. The Headmaster, Government Higher Secondary School, Sirugambur, by his proceedings, dated 09.03.2000, informed the respondent's mother that only one application could be submitted for compassionate appointment. Accordingly, as per the proforma, particulars of the respondent were furnished on 14.06.2000. Again, on 21.06.2000, the respondent's mother submitted an application requesting appointment to the respondent on compassionate grounds. The respondent's sister had also given 'no objection letter', which was also enclosed. In spite of repeated representations, the respondent was not favoured with any positive answer. However, by the proceedings, dated 06.11.2009 impugned in the writ petition, the respondent's request was rejected by the 4th appellant herein.

(3.) TAKING note of all those facts and the hardship experienced by the respondent, learned Single Judge granted the relief to the respondent, thereby directed the appellants herein to pass appropriate orders within a period of two months from the date of receipt of a copy of the order, on the question of granting appointment on compassionate grounds to the respondent. Aggrieved over the same, the present writ appeal has been preferred by the State.