LAWS(MAD)-2022-7-341

A. SADHASIVAM Vs. DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI

Decided On July 13, 2022
A. Sadhasivam Appellant
V/S
DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI Respondents

JUDGEMENT

(1.) The order of rejection, rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

(2.) The petitioner states that his parents Ayyavoo and Sakunthala were working as Head Master and Teacher respectively in a Government School at Salem. The petitioner has got one elder sister and three younger sisters. The mother of the writ petitioner Smt.Sakunthala died on 26/1/1984 and his father Mr.Ayyavoo died on 7/3/1997, while he was in service. The petitioner states that both his parents died during their service as Teacher and Headmaster. Initially, the elder sister of the writ petitioner Smt.A.Kalaiselvi submitted a representation to the 4th respondent on 9/10/1997 to provide compassionate appointment. However, the representation was not considered by the third respondent and the Government imposed ban on appointment during the year 2001. The ban was in force for about 5 years till 2006 and thus, the representation of the petitioner's sister was not considered.

(3.) The petitioner submitted an application on 6/2/2006 to provide appointment on compassionate grounds. The said representation was rejected by the 2nd respondent on 31/12/2012 on the ground that he has not made application within a period of three years from the date of death of the deceased employee. Therefore, the application cannot be entertained with reference to the terms and conditions of the scheme of compassionate appointment. The said rejection order is under challenge in the present writ petition.