P. NALLUSAMY Vs. THE COMMISSIONER, MANAPPARAI MUNICIPALITY, MANAPPARAI AND THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI

JUDGEMENT

(1.) W .P. (MD) No. 5187 of 2009 has been filed seeking a writ of Certiorarified Mandamus to call for the records relating to the notice in Na. Ka. No. 577/2006/C1 dated 09.06.2009 and quash the same as illegal and direct the first respondent to appoint the petitioner in the post of Scavenger in Manapparai Municipality, Trichirappalli District, on the compassionate ground based upon G.O.Ms. No. 42, Labour and Employment (Q1) Department, dated 12.03.2007. W.P. (MD) No. 5188 of 2009 has been filed seeking a writ of Certiorarified Mandamus to call for the records relating to the notice in Na. Ka. No. 577/2006/C1 dated 09.06.2009 and quash the same as illegal and direct the first respondent to appoint the petitioner in the post of Scavenger in Manapparai Municipality, Trichirappalli District, on the compassionate ground based upon G.O.Ms. No. 42, Labour and Employment (Q1) Department, dated 12.03.2007.

(2.) SINCE the issue involved in both the writ petitions are identical, these writ petitions are taken up for hearing together and disposed of by this common order.

(3.) IN the common counter affidavit filed by the first respondent, it is inter alia contended that the petitioners did not submit their applications for appointment on compassionate grounds within three years from the date of death of the deceased employees and hence, they are not eligible for such appointment. Here, the petitioners have submitted their applications only on 27.02.2006, so to say, after the lapse of the limitation period. While so, the Government issued G.O.Ms. No. 42, Labour and Employment (Q1) Department, dated 12.03.2007, whereby it is made clear that the recommendations of the Staff Committee constituted under the Chairmanship of the Chief Secretary regarding the guidelines for appointment on compassionate grounds, are accepted to give extension of time for receipt of applications for such appointment from the date of the present Government Order, taking into account the ban order on filling up of vacant posts which was in existence from 29.11.2001 to 21.02.2006. The applications for appointment on compassionate grounds can be made even during the ban period, however, appointment would not have been given and the same would be considered on lifting of the ban. Therefore, the petitioners filed W.P. (MD) Nos. 2497 and 2498 of 2009 before this Court which were disposed of with a direction to the first respondent to consider and pass orders on the representations of the petitioners within two months and the second respondent is also directed to send necessary clarification to the first respondent. Accordingly, on receipt of the clarification dated 03.06.2009 from the second respondent, the first respondent considered the petitioners' applications and rejected on the ground that they have not submitted their applications for appointment on compassionate grounds within three years from the date of death of the deceased employees. Hence, the first respondent prayed for the dismissal of both the writ petitions.