MARIYAMMAL Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner herein is the wife of one M. Gurusamy, who was employed as Village Assistant at Kaluneerkulam Village, Alankulam Taluk, Tirunelveli District and her husband died on 29.09.1999, while he was in service, leaving behind the petitioner and his two daughters by name Mahalakshmi and Anandha Sakthi and his son Periya Raja as his legal heirs. On the date of the death, the deceased employee's children were minors and the application for compassionate appointment was submitted by the petitioner on 09.10.2000 to the first respondent seeking appointment for her eldest daughter Muthulakshmi, who was studying in 9th standard. The petitioner also submitted reminders on 27.07.2009. Finally the same was decided and the impugned order came to be passed on 31.03.2010, rejecting the claim of the petitioner for compassionate appointment for her elder daughter, on the ground that the married daughter of the deceased employee is not entitled to compassionate appointment. Challenging the same, the present writ petition came to be filed.

(2.) IT is not in dispute that in the meanwhile, both the daughters were married and the eldest daughter gave birth to two children and she was deserted by her husband and she has been earning by doing a job and the entire family consisting of mother, younger daughter and brother have been living under the care and custody of the elder daughter.

(3.) FOR better understanding, the relevant paragraph No. 5 of the order made in W.P. (MD) No. 5183 of 2013 is extracted hereunder: