R. RAJKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed in the nature of a certirorified mandamus calling for the records records relating to the order passed by the second respondent dtd. 5/3/2025 and quash the same and direct the first respondent to consider the application of the petitioner for compassionate appointment to the post of forest watcher/forest guard or any other suitable posts.

(2.) In the affidavit filed in support of this writ petition, it had been stated that the father of the petitioner was appointed as plot watcher on daily rated basis on 1/4/1983. Thereafter, his service was regularised as plot watcher, a supernumerary post by the Government vide G.O.(Ms.).No.95, Environment and Forest Department dtd. 7/8/2009. The father of the petitioner died while in service on 19/12/2016. The petitioner had given an application seeking compassionate appointment. The application for compassionate appointment was made on 18/12/2017. The application was rejected by the second respondent stating that since the father was working under special time scale of pay, there is no provision for appointment on compassionate basis. The same was denied. Questioning that denial, this writ petition has been filed.

(3.) The learned counsel for the petitioner however placed reliance on G.O.(Ms).No.13, Environment and Forest Department, dtd. 26/3/2018 wherein the case of the father of the petitioner and 65 others were examined. They had been discharged work on daily rated basis for more than 10 years and therefore, their services were regularised on special time scale of pay. In the annexure of the said Government Order, the name of the father also found.