N MARIAPPAN Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records and quash the order No. Po. Thu. NA. KA. E-12/19623/99, dated 4. 6. 1999, issued by the respondent and consequently direct the respondent to appoint the petitioner on compassionate basis to any post in any section commensurate with the petitioner's qualification.

(2.) HEARD the learned counsel for the petitioner as well as for the respondent.

(3.) THE learned counsel appearing for the petitioner submits that at the time of the death of the petitioner's father Mr. K. Nagappan on 20. 08. 1992, there was no limitation for an application to be made by the members of the deceased persons family for compassionate appointment. In G. O. Ms. No. 560, Labour and Employment, dated 03. 08. 1977, para graph (1) (b) is as follows: - "in future requests for appointment of dependants of the Government Servant who died prior to 15th February 1972, can be considered favourably and proposals sent to Government in the following type of cases. At the time of consideration of his dependants case for appointment, the Government Servant presumptive date of superannuation (i. e. had he lived) should not have been reached. In other words, the grant of the concession would be considered only upto the presumptive date of superannuation of the Government Servant. For example, if a Government Servant died in 1965 and the date of his superannuation would have been 1. 10. 1981 if he were alive, his dependant can apply for a post on the date prior to 1. 10. 1981 only".