LAWS(MAD)-2014-11-428

G. GANESAN Vs. STATE OF TAMIL NADU

Decided On November 13, 2014
G. GANESAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner's father died in harness while in employment as a sweeper in Government Hospital, Kumbakonam on 08.10.2000. Within the period of limitation prescribed for making an application on compassionate ground, the petitioner's mother had made a request to the second respondent. The deceased person left behind the minor children and an illiterate widow. Considering the request, as the request was made by the petitioner's mother, recommendation was made by the third respondent in and by proceedings No. 4692/Nee.3/02 dated 09.02.2007 recommending appointment in favour of the petitioner. This was done by taking into consideration of the subsequent representation dated 11.1.2007, in which the earlier request was modified into one seeking appointment to the petitioner.

(2.) BY the order impugned, the petitioner's request was rejected on the ground that having made the application at the time of death of the deceased, the petitioner was minor, having completed only 12 years. Challenging the same, the present Writ Petition has been filed.

(3.) THEREFORE , this Court is of the view that the order impugned cannot be sustained in the eye of law. It is a settled law that the compassionate appointment is meant for the family and not for an individual. The deceased father of the petitioner was only working as a sweeper. The family of the petitioner has been living below poverty line without any proper education.