M. MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner has preferred the instant Writ of Mandamus praying for passing of an order of this Court in directing the Respondents to consider his case for appointment to the post of Forester on compassionate ground, considering the degree qualification possessed by him as per Letter Ma.No.86/Q1/2010 -2 Labour and Employment, dated 04.05.2010, by considering his Representation dated 15.07.2011.

(2.) ACCORDING to the Petitioner, his father P.Muniyan while serving as Forest Watcher died on 20.08.2008 leaving behind his mother, two sons (including himself) and one daughter. The daughter Menaka Gandhi was given in marriage. He is the elder of the two sons. At the time of demise of his father, he was pursuing his B.E. (Electrical and Electronics Engineering) final year course. He acquired B.E., Electrical and Electronics Engineering degree during April 2009. Later, he projected an application on 11.01.2010 seeking compassionate appointment for which the minimum educational qualification is not a Degree. The Third Respondent/District Forest Officer, Attur Division, Salem District directed him to produce all the certificates and documents in support of his claim for compassionate appointment such as death certificate, legal heir certificate, indigent certificate from Tahsildar. The Petitioner also produced those documents.

(3.) IMMEDIATELY , he made a Representation dated 15.07.2011 requesting to consider his appointment to the post of Forester on the basis of Degree qualification addressed to the Chief Conservator of Forest, Chennai. He also stated that the Government had given three years time for making an application from the date of death of the Government servants. In the present case, before completion of three years, since he acquired a Degree and applied for the same, his request should be considered based on the qualification acquired by him. That apart, the Government had issued orders directing to give compassionate appointment immediately and thereafter, give posting according to their qualification. In the department itself, they gave appointment to the three persons who acquired the qualification after the demise of their parents and in this regard, he relied upon Government Letter No.86/Q -1/2010 -2 Labour and Employment dated 04.05.2010, wherein, while considering the compassionate appointment, the appointment shall be considered, according o the age and educational qualification which the claimant possesses if the application is made within three years.