D. SARAVANAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner filed O.A.No. 1981 of 2004. On abolition of the Tribunal, the matter stood transferred to this Court and re -numbered as W.P.No. 17751 of 2007.

(2.) THE mother of the petitioner was working as an Auxiliary Nurse Midwife in Marakkanam Maternity Hospital. She died on 15.08.1979 while in service. At the time of death of her mother, the petitioner was aged 7 years. It is averred by the petitioner that an application, dated 21.01.1992 was submitted in the prescribed format and the same is enclosed in the typed set of papers. When a specific averment is made by the petitioner that he had made an application on 21.01.1992 seeking compassionate appointment, the same is not denied by the respondents in the reply affidavit.

(3.) THEREAFTER , the second respondent viz., District Collector, Villupuram, had also sent proposals to the first respondent by his proceedings, dated 01.12.1997 recommending to provide him the post of Office Assistant on compassionate grounds, as the petitioner had passed 8th standard, which is the qualification prescribed for the post of Office Assistant. The said proposal of the District Collector is based on the proposal dated 21.12.1996 of the Commissioner, Marakkanam Panchayat Union, the third respondent. The Government, by an order dated 12.05.1999 rejected the proposal of the District Collector. However, the said letter of the Government was not furnished to the petitioner. Based on the said letter of the Government dated 12.05.1999, the second respondent passed the consequential order by way of the impugned order, dated 16.06.1999 rejecting the application of the petitioner on compassionate ground. Challenging the same, the petitioner has filed this original application.