G. ASHOKAN Vs. DISTRICT COLLECTOR, TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) This writ appeal is preferred by the appellant, who is the son of late R.Govindan @ R.Govindasamy, challenging the order of the learned single Judge made in W.P.No.12151 of 2012 dated 5.11.2012, wherein the appellant has prayed to quash the order dated 1.12.2011 passed by the District Collector, Tiruvannamalai and for further direction to regularise the services of the appellant's father late R.Govindan @ R.Govindasamy from the date of his initial appointment i.e, from 8.10.1986 with all consequential benefits such as monetary benefits and appoint the appellant on compassionate grounds in Thandarampet Panchayat Union in any one of the post. The writ petition was dismissed by the learned single Judge.

(2.) The brief facts necessary for disposal of this writ appeal are that the appellant's father was appointed as Masalchi (Basic Servant) on a consolidated pay of Rs.60 per month from 8.10.1986 in Thandarampet Panchayat Union. During the lifetime of his father he had prayed for regularisation of his service on the ground that several persons worked along with him were granted regularisation. The appellant's father was lastly receiving salary of Rs.620/- per month until his date of superannuation on 31.3.2010 as his date of birth as per service register was 10.3.1950 and he died on 3.3.2011, leaving behind his wife Muniammal, two sons Elumalai and appellant herein and one daughter namely Sangeetha as legal heirs. Legal heirship certificate was issued by Tahsildar, Thandarampet in September, 2011. The appellant submitted an application seeking compassionate appointment, as no one in his family was employed. The said application was rejected by order dated 19.7.2011 against which W.P.No.22849 of 2011 was filed before this Court and by order dated 21.10.2011 this Court set aside the said order and remitted the matter before the respondents to examine the case of the appellant as per rules relating to compassionate appointment and pass fresh orders within four weeks. Thereafter the District Collector, Tiruvannamalai District again rejected the request on 1.12.2011 stating that the service of the appellant's father was not regularised and therefore there is no provision for providing compassionate appointment to the legal heir of the person who served as Masalchi on temporary basis. The said order was challenged before the learned single Judge with the above prayer contending that the appellant's father served as Masalchi from 8.10.1986 till 2010 for a meagre salary initially at the rate of Rs.60/- per month, which was subsequently increased and lastly he was paid Rs.620/- per month, and when several persons served along with appellant's father were given regularisation and were granted time scale of pay, non-regularisation of the appellant's father in spite of availability of permanent post in the cadre of Masalchi/basic servant for about 25 years, was unfair and prayed for regularisation of appellant's father from the date of his initial appointment with time scale of pay and monetary benefits arising out of such regularisation and other benefits and also for issuing compassionate appointment to the appellant as no one in his family was employed and the family was in indigent circumstances.

(3.) The said writ petition was opposed by the respondents by filing counter affidavit contending that the legal heir of the temporary Government Servant is not eligible for compassionate appointment as per G.O.Ms.No.560 Labour and Employment Department dated 3.8.1977 and even assuming that the regularisation of the service of the writ petitioner's father is to be granted under G.O.Ms.No.22 P&AR Department dated 28.2.2006, still compassionate appointment cannot be demanded as a matter of right.