T KAVITHA Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) By consent of learned counsel on both sides, this writ petition is taken up for final disposal. This writ petition is filed by the petitioner to quash the order of the respondent dated 16.11.2009 declining to consider the claim of the petitioner seeking compassionate appointment due to the death of her husband and for a direction to the respondent to order employment to the petitioner on compassionate ground.

(2.) It is the case of the petitioner that her husband V. Radhakrishnan worked as Contract Labourer in the respondent Electricity Generation and Distribution Corporation Limited for more than 14 years. Considering his 14 years of service as Contract Labourer, he was absorbed as Casual Labourer on 31.1.2008 and on 12.6.2009 he was absorbed as Temporary Casual Labourer and he was paid a sum of Rs. 70/- per day. While working in the said capacity, on 17.6.2009 when he was returning from his work, he met with a road accident and died due to shock and hemorrhage in spite of rushing to Government Hospital. Petitioner is the widow of deceased V. Radhakrishnan and having two minor children, aged about 11 and 9 years as on date. Petitioner's family is in indigent circumstance as she is unemployed and not having any immovable property. On 25.9.2009 petitioner submitted an application before the respondent seeking compassionate appointment. The said application was rejected on 16.11.2009 stating that there is no provision to consider the application of the petitioner for compassionate appointment as her husband worked as a Contract Labourer. Hence petitioner has challenged the said order in this writ petition with the above prayer.

(3.) The writ petition is opposed by the respondent by filing counter affidavit admitting the facts about petitioner's husband's employment with the respondent and reiterating the reasons stated in the impugned order to justify the rejection order.