M SARAVANAN Vs. SECRETARY, REVENUE DEPARTMENT; SPECIAL COMMISSIONER AND DIRECTOR OF SURVEY AND SETTLEMENT; ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS; ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, THANJAVUR

JUDGEMENT

(1.) The order impugned herein is one, in and under which the petitioner was removed from service without any notice and without any enquiry on the ground that his appointment was irregular appointment.

(2.) The facts, which are relevant for consideration herein are as follows:

(3.) While so, the petitioner was on medical leave from 11.8.2006 to 24.8.2006. Whereas, the fourth respondent Assistant Director of Survey and Land Records on 10.8.2006 passed the impugned order, removing the petitioner from service on the ground that the petitioner's appointment on compassionate ground was an irregular appointment as he was born through the second wife of his father and the legal heirs of the deceased government servant through second wife are only entitled to the monetary benefits and not compassionate appointment. The impugned order was passed on the strength of the clarificatory letter in Govt.Letter No.34 (Labour and Employment) Department dated 16.4.2002 to the effect that the word 'son or unmarried daughter' as used in the scheme of compassionate appointment has to be construed only to mean son or daughter born through lawful wedlock and the children born out of void marriages are entitled for the benefit in respect of the property of the deceased Government servant i.e., family pension and Death-cum-Retirement Gratuity and not for compassionate appointment. The same was followed by the impugned order dated 10.8.2006 stating that the petitioner, who is the son of the deceased Government servant through 2nd wife, was not entitled to compassionate appointment and his appointment was irregular appointment and the petitioner was removed from service. Challenging the same, the petitioner filed the present writ petition for the relief stated supra.