K KRISHNAMOORTHI Vs. STATION DIRECTOR ALL INDIA RADIO

JUDGEMENT

(1.) (Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the impugned order passed by him vide proceedings No.Chen.1/4/05/Comp.Apptt.1462 dated 22.9.2005 and quash the same and consequently direct the respondents to provide employment to the petitioner based on his educational qualification with effect from 29.12.2000 i.e. The date of application.) The petitioner is the eldest son of one N. Kumaravel, who unfortunately passed away on 22.11.2000 and he was working as a Security Guard in the respondent establishment.

(2.) THE petitioner, therefore, made an application dated 29.12.2000 seeking for appointment on compassionate ground. A letter was sent to the Madras Office to inform the petitioner that his application was kept for the "Group " C" post along with similarly placed applicants and his serial number was 11 and there was also no vacancy under 5% quota for compassionate appointment in the All India Radio, Tamil Nadu Zone and his application will be considered in the line of seniority.

(3.) THE facts are not in dispute and the said DEOPT's Memorandum is not under challenge. THE averments made in the affidavit are that there is a promise made to the petitioner all these years and suddenly to state that the petitioner is not eligible for appointment is not proper and that the respondents should be directed to give posting to the petitioner by this Court.