M. BALASUBRAMANIAN Vs. THE GOVT. OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner's father died on 22.09.1997 in harness leaving behind his widow Jothi, daughter Navaneethan three sons namely Gomatheeswaran, Umamaheswaran and the petitioner.

(2.) THE petitioner was a graduate when his father died and therefore submitted an application on 30.03.1999 seeking appointment on compassionate grounds and the 3rd respondent duly forwarded the application to the 2nd respondent on 29.08.2000. The 2nd respondent called for further clarification on 05.06.2002 and the petitioner also complied with those requirements. Thereafter, on 01.10.2012, 3rd respondent sought for some more details and that was also complied with by the petitioner. While so, the impugned order was passed by the 3rd respondent rejecting the claim of the petitioner on the ground that the younger brother of the petitioner has got appointment as secondary grade teacher and the family is not in indigent circumstances and therefore the petitioner is not entitled to seek appointment on compassionate ground relying upon the G.O.(Ms) No. 998 Labour and Employment Department, dated 02.05.1981. The said order is challenged in this writ petition.

(3.) THE learned Additional Govt. Pleader appearing for the respondents submitted that as per G.O. Ms. No. 998 Labour and Employment Department, dated 02.05.1981, if any one of the dependents in the family is employed, the other members are not entitled to seek employment on compassionate ground and in this case, the petitioner's younger brother is employed as secondary grade teacher and therefore, the petitioner was not entitled for appointment on compassionate ground.