K ARUMUGAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE prayer in this writ petition is to issue a writ of certiorarified mandamus calling for the records in Ref. No. PEC/estt/e5/comp. APPT/2005/no. 4776 on the file of the third respondent and quash the order dated 12. 10. 2005 and direct the first respondent to appoint the petitioner on compassionate grounds in Group D category or any post equivalent thereto with all service benefits with effect from 14. 11. 2002.

(2.) THE brief facts necessary for disposal of this writ petition, as stated in the affidavit is that the second respondent is a registered Society which established the third respondent College. It is a Government College as the Society is sponsored by the Government of Pondicherry. The petitioners father, named M. Kannappan was appointed as Helper in the second respondent College initially on daily wages from the year 1986 and subsequently absorbed in the Group D category of the regular establishment of the College. The petitioners father was placed on probation with effect from 10. 05. 1993 and his completion of probation was declared by the third respondent herein on 30. 10. 1995. The petitioners father died while in service on 01. 10. 2002 and the petitioner who have studied S. S. L. C. , applied for compassionate appointment to a suitable post. The petitioners mother submitted a representation for compassionate appointment in favour of the petitioner to the second respondent originally and thereafter, the petitioner made several representations from 14. 11. 2002 to 05. 11. 2004 to appoint the petitioner on compassionate ground. The petitioner finally made a representation on 03. 12. 2004. The petitioner having not received any reply, approached this Court by filing W. P. No. 24157/2005 and this Court by order dated 28. 07. 2005, directed the respondents to consider and dispose of the representations dated 05. 11. 2004 and 03. 12. 2004 within a period of twelve weeks. Thereafter, the impugned order was passed rejecting the request of the petitioner and appointed the respondents 4 and 5 in the vacancy earmarked for candidates to be appointed on compassionate grounds in Group D category. The said order of rejection is challenged in this writ petition. The learned counsel for the respondents submitted that the petitioners request for appointment on compassionate ground was rejected on the ground that the petitioners family is having a R. C. C. , with single storeyed building to an extend of 1500 sq. feet and without taking note of the income of the members of the family, the assets and the liabilities held by the family including benefits received under various welfare schemes and size of the family, the petitioners representation was rejected.

(3.) THE learned Additional Government Pleader appearing for the respondents argued that the petitioners mother is getting family pension and Freedom Fighters Pension and therefore, the petitioners family is in a indigenous circumstances.