M. SIVASUBRAMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order No.O.Mu.(Aa3) 19954/2013 dated 20.03.2013, passed by the respondent and quash the same and consequentially direct the respondent to consider the petitioner for appointment in any of the suitable post on compassionate grounds.

(2.) The petitioner's father while working as Village Administrative Officer under the respondent, died in harness leaving behind his widow i.e., the mother of the petitioner, who was pregnant at that time and only thereafter the petitioner born on 00199 Therefore, at the time of death of his father, the petitioner not even seen his world. Thereafter, the petitioner attained majority on 002010. Thereafter, on 13.10.2012, the petitioner's mother had submitted an application to the respondent seeking appointment to the petitioner on compassionate ground. Since the same was not considered, again she made a representation on 18.03.2013. The said request of the petitioner's mother had been rejected by the impugned order of the respondent on 20.03.2013, wherein the respondent has stated that as per G.O.Ms.No.120 Labour and Employment Department, dated 26.06.1995, the application for compassionate appointment should have been made within three years from the date of death of the Government Servant; since in this case, admittedly, no application was made within three years period as the petitioner's father died on 14.11.1991 and the application was given only on 18.03.2013 by the mother of the petitioner and therefore, the same has been rejected. Challenging the same, the petitioner has come out with this writ petition.

(3.) Heard both sides.