COMMISSIONER GREATER CHENNAI CORPORATION Vs. SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) This writ appeal has been filed against the order passed by this Court dated 10.11.2016 in W.P.No.14758 of 2010 allowing the claim of the second respondent herein by directing the first appellant and the first respondent herein to consider the case of the second respondent and accommodate him in any suitable post under compassionate ground.

(2.) The second respondent's father was employed as a labourer for Malaria Decilting work in Zone-1 of the appellant-Corporation and he died on 25.08.1986 while he was in service. The second respondent's mother, who was also employed as Sweeper in Division 43, Unit IX, Zone III, also died on 15.08.1990, while in service. At the time of the death of his father, the second respondent was 7 years old and at the time of the death of his mother, he was 11 years old. The second respondent was residing in his aunt's house with his younger brother. On attaining the age of majority, the second respondent made an application to the appellant-Corporation seeking appointment on compassionate ground in any post commensurate with his educational qualification, ie., 7th Standard. Such application was made on 17.06.1998 and the same has been rejected after a decade, ie., on 20.05.2008 on the ground that within three years from the date of death of the Government servant, the application was not made. As against the same, the second respondent filed a writ petition in W.P.No.14758 of 2010. By order dated 10.11.2016, this Court allowed the writ petition. Challenging the same, the present writ appeal is filed.

(3.) The learned counsel for the appellants has submitted that the applications received for compassionate appointment are subject to scrutiny and that according to G.O.Ms.No.120, Labour and Employment-I Department, dated 26.06.1995, within three years of the death of the Government servant, the application for compassionate appointment should be made by the legal heir. He further submitted that the Government letter dated 08.10.2007 clarified that the applications for compassionate appointment received after 10 years or 20 years or more, would obviously show that the family cannot be considered to be in indigent circumstances. Stating so, the learned counsel for the appellants prayed for quashing the order of the learned single Judge.