T VIJAYAN Vs. CHIEF ENGINEER PERSONNEL

JUDGEMENT

(1.) SEEKING writ of certiorarified mandamus to quash the impugned order of the first respondent made in letter No. 069491/1014/g-8/g-81/2004-3 dated 22. 01. 2005 and also to direct the respondents to give compassionate appointment to the petitioner in any suitable job in the respondent department, this writ petition has been brought forth.

(2.) THE affidavit filed in support of the petition is perused. The court heard the learned counsel on either side.

(3.) THE learned counsel for the petitioner would submit that his father was working as Wireman (SR No. 1837) in the Tamil Nadu Electricity Board, Krishnapuram, Dharmapuri Electricity Distribution Circle; that he died on 15. 9. 1996 leaving behind him his wife and children, including the petitioner, as his legal heirs; that his mother has originally applied for his appointment on compassionate ground even in the year 1998 twice; that the petitioner was minor at that time and he completed 18 years on 21. 3. 2001; that he made an application on 3. 9. 2001; that his application was rejected, stating that he has not possessed necessary qualification and the application was not made within a period of three years from the time of the death of his father; that subsequently, in memo, dated 14. 6. 1997, the Department has stated that if the legal heir had not completed 18 years of age within three years from the date of the death of the employee, the legal heir can apply for compassionate appointment on completion of 18 years of age and that if such an application is made on completion of 18 years, it would be considered as per the board regulations existing at that time; that subsequently, a memo was issued cancelling the part that even if the application is made after attaining majority, it could be considered. Under these circumstances, he made his application on attaining majority and he had necessary qualifications and he was eligible to be appointed on compassionate ground and that was not properly considered by the Department and under these circumstances, a direction has got to be issued to the respondents Department.