SATHISH R Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By consent, the writ petition itself is taken up for final disposal.

(2.) The petitioner would state that his father, namely Ramachandran was working as a Road Worker (Salai Paniyalar) in Kalasapakkam Panchayat Union of Tiruvannamalai District. He died on 28.11.1981 leaving behind his mother Tmt.Unnamalai, his sister Tmt.Jothi, his brother Thiru Anbalagan as well as him as his legal heirs. The petitioner, on completion of the age of 18, had submitted a representation/application dated 11.8.1997 to the 5th respondent on a grievance day, praying for appointment on compassionate ground. The petitioner would further state that as instructed by the 5th respondent, he has also submitted his original Certificates for scrutiny on 21.9.1998 and the Certificates were also verified and the said official passed positive recommendation dated 4.10.2001 to the 3rd respondent to provide employment to the petitioner on compassionate ground owing to the indigent circumstances. However, the 5th respondent vide his communication dated 3.1.2008 has rejected the application on the ground that the petitioner has failed to apply within three years from the date of demise of his father and challenging the legality of the same, he has come forward to file this writ petition.

(3.) The learned counsel for the petitioner would submit that in the light of the positive recommendation made to the third respondent by the 5th respondent vide letter dated 4.10.2001, there is no impediment on the part of the 3rd respondent to pass an order, considering the request made by the petitioner seeking appointment on compassionate grounds. The learned counsel would further contend that the petitioner continues to be in indigent circumstances and therefore, sympathetic consideration may be shown for quashing the impugned order with a further direction, directing the respondents to provide appointment to the petitioner on compassionate ground.