GEETHA RAMANI Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) HEARD Ms. Selvi George, learned counsel appearing for the petitioner and Mr. P.S. Sivashanmuga Sundaram , learned counsel appearing for the respondents.

(2.) THE facts giving rise to the present writ petition are as follows: One Mr. A. Gajendran was employed as a Secondary Grade Teacher and he died in harness on 4. 8. 1986. THE said person had married one Valliammal. But, since there was no issue through the said Valliammal , he had married one Chellammal. THE present writ petitioner is the daughter born to him through his second wife Chellammal. After the death of the bread winner of the family, the first wife Mrs. Valliammal died on 29. 9. 1990. An application was made on behalf of the present petitioner for appointment on compassionate ground and ultimately, in the year 1996, the petitioner was appointed as the Junior Assistant/typist. Subsequently, by order dated 1. 7. 2002, she was terminated from service solely on the ground that she was born through the second wife and since the second marriage was void, she was not entitled to appointment on compassionate ground.

(3.) THE intention under the G. O. issued for employment on compassionate ground is to give protection to the members of the family of the deceased employee. By no stretch of imagination, it can be stated that the children born through the second wife, even though the second marriage is void, are not members of such family. Having regard to all these aspects, we quash the order passed by the Tribunal and quash the order of termination. Accordingly, the writ petition is allowed. It would be deemed that the petitioner is restored in service from 1. 7. 2002. However, in the facts and circumstances of the case, she would be entitled to 50% of the wages for the aforesaid period. In the result, the writ petition is allowed. No costs. .