K.INDHU Vs. THE CHAIRMAN

JUDGEMENT

(1.) The relief sought for in this writ petition is to direct the respondents to provide a suitable job to the petitioner on compassionate grounds.

(2.) The learned counsel for the writ petitioner contended the father of the writ petitioner late Mr.R.Kannan, was employed as ADM Supervisor with the respondent Board and passed away on 10.07.2008, while he was in service. The writ petitioner submitted an Application, seeking compassionate appointment on 25.06.2011, well within a period of three years from the date of death of the deceased employee. However, on the date of submission of the Application, the writ petitioner was a minor and not attained the age of 18 years. Thus, the first Application was rejected on the ground that the writ petitioner has not attained the age of majority. The writ petitioner on attaining the age of majority on 11.10.2012, once again submitted the Application seeking compassionate appointment on 03.06.2013, but, that Application was also rejected by the second respondent on 27.6.2013, by stating that the revised Application submitted by the writ petitioner was belated and submitted after a lapse of three years from the date of the death of the deceased employee.

(3.) (i) The learned counsel for the writ petitioner strenuously contended that the reasons stated in the order of rejection cannot be accepted, in view of the fact that the first application was submitted well within a period of three years and on the date of submission of the Application, the writ petitioner was a minor and therefore, the Application was unable to be considered by the respondents. Thus, the second Application submitted on 03.06.2013, after attaining the age of majority to be construed as a continuous one and the second Application could not be treated as a fresh Application, in respect of seeking compassionate appointment. Further, the learned counsel submitted that the Writ Petition was filed on 03.10.2013, immediately after the rejection order was passed and therefore, there was no delay in approaching the Court and hence, the writ petitioner is entitled for appointment on compassionate grounds.