STATE OF TAMIL NADU Vs. G MADHESHWARAN

JUDGEMENT

(1.) THE writ petition has been filed praying for issuance of a writ of certiorari, to call for the records pertaining to the order dated 14. 6. 2002 made in O. A. No. 1873 of 2000 on the file of the Tamil Nadu Administrative tribunal, Chennai, the second respondent herein and quash the same.

(2.) THE writ petition has been filed by (i) the State of Tamil Nadu, represented by Secretary to Government, Rural Development Department, Fort st. George, Chennai-9, (ii) the Director of Rural Development, Chennai-15 and (iii) the District Collector, Namakkal District, aggrieved by the order of the tribunal, wherein, the petitioners were directed by the Tribunal to consider the case of the first respondent for compassionate appointment.

(3.) IT is the case of the first respondent, the applicant before the tribunal that his father while he was working as Teacher in the Panchayat union Elementary School, Senthamangalam, Namakkal District, died in harness on 30. 9. 1974. The first respondent hails from a Scheduled Caste community and living in a downtrodden condition and all his elder brother and sisters were young in age and they did not get educated due to indigent circumstances. Therefore, they were making a living by working as Coolies. The first respondent who is the last of the brothers, was able to undergo some education by the help of his family members. The first respondent completed Higher secondary Course and Diploma in Electronics and Communication Engineering. The first respondent was born on 6. 6. 1974 and he was just three months old when his father died on 30. 9. 1974. The older brother and sisters were also very young. The mother, an illiterate, did not apply for compassionate appointment. This was only due to her ignorance and social status. The first respondent's contention is that he has completed Higher Secondary Course in the year 1998 and thereafter, he was aware of the provision of compassionate appointment and therefore, he made a representation to the authorities seeking appointment to the post of Junior Assistant on the ground of compassionate appointment.