P R RENUKA Vs. DIRECTOR OF ANIMAL HUSBANDRY

JUDGEMENT

(1.) The petitioner filed O.A. No. 5657 of 2002. On abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P. No. 11777 of 2007. The petitioner's father was working as an Office Assistant under the control of the 2nd respondent. He died on 22.02.1998, while in service. He left behind his wife, 3 married daughters and one unmarried daughter as his legal heirs. The petitioner was the first married daughter of the deceased government servant. She applied for compassionate appointment on the ground that she was deserted by her husband and living with her father. The petitioner also produced the order, dated 09.09.1999 granting decree of divorce by the First Additional Family Court, Chennai in F.C.O.P. No. 1012 of 1998.

(2.) While so, the first respondent passed the impugned order, dated 16.09.2002 declining to provide compassionate appointment on the ground that divorce was granted to the petitioner only after the death of her father and hence, she is not entitled to compassionate appointment. The said order is questioned in this writ petition.

(3.) A reply affidavit was filed by the respondents stating that the petitioner was wait listed for compassionate appointment at Sl. No. 252 in the office of the first respondent. On scrutinizing the divorce decree passed by the First Additional Family Court, Chennai, it was seen that the petitioner was granted divorce only on 09.09.1999, that is after the death of the Government servant. The reply affidavit also referred to the Government letter dated 14.08.2002 in Letter No. 16118/AH2/2001-1, wherein and by which, the request of the petitioner to provide compassionate appointment was negatived on the ground that she was not a divorcee at the time of death of her father.