J. BHUVANKUMAR Vs. COMMISSIONER, EMPLOYMENT AND TRAINING DEPARTMENT

JUDGEMENT

(1.) This writ appeal is filed against the order made in W.P. No. 15485 of 2011 dated 04.7.2011 wherein the request made by the appellant seeking compassionate appointment which was rejected by the 1st respondent vide order dated 03.5.2010 was challenged with a further direction to the respondents to give appointment to the appellant on compassionate ground in the place of his deceased mother. Aggrieved by the said order passed in the writ petition, the appellant has preferred this writ appeal.

(2.) The case of the appellant before the learned single Judge was that his mother K. Bhuwanaeshwari was employed as Selection Grade Typist in the District Employment Office, Thiruvarur and while in service, she died on 02.9.1998 due to cardiac arrest, leaving behind the legal heirs viz., the appellant and his sister. Appellant's father G. Jeyakumar, who is employed as Office Assistant in the District Employment Office at Trichy had deserted appellant's mother and the family prior to the demise of the appellant's mother. Thus, the appellant and his sister were entirely dependant upon the salary of the appellant's mother. After the demise of the appellant's mother, the appellant, as a legal heir, applied to the respondents in the prescribed form on 11.8.1999 seeking compassionate appointment with No Objection Certificate from the appellant's sister, who is the only other legal heir. As there was no response, a reminder was sent on 08.6.2001 by the appellant. No action being taken for five years, the appellant filed W.P. No. 39132 of 2005 before this Court praying to issue writ of mandamus directing the respondents to appoint him in anyone of the suitable post on compassionate grounds by considering his representations dated 11.8.1999 and 16.6.2001 respectively. This Court, by an order dated 07.1.2010 directed the Director of Employment and Training Department, Chepauk, Chennai to consider the representations of the appellant dated 11.8.1999 and 16.6.2001 and pass orders in accordance with law within a period of eight weeks from the date of receipt of the copy of the order, as the ban order issued by the Government not to fill up vacancies on compassionate grounds was lifted by G.O.Ms. No. 16 Personnel & Administrative Reforms (G) Department, dated 21.2.2006.

(3.) The 1st respondent rejected the request of the appellant by order dated 03.5.2010 stating that at the time of the death of appellant's mother, appellant's father was in employment and therefore, the appellant is not entitled to be appointed on compassionate grounds. The order of the 1st respondent dated 03.5.2010 was challenged before the learned single Judge by relying upon G.O.Ms. No. 155 Labour and Employment Department, dated 16.7.1993 wherein it is stated that if one of the dependant of the family is employed even before the death of the Government servant and was living separately without extending any help to the family, the other member of the family is eligible to seek appointment on compassionate grounds. The appellant has obtained certificate dated 09.3.2006 from the Tahsildar, Thanjavur stating that appellant's father was living separately and not looking after the family and therefore, the family is in indigent circumstance.