M.MOHAN Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records pursuant to the order of rejection passed by the respondent in proceedings dated 6.3.2008 and quash the same and direct the respondent to provide employment to the younger son of the writ petitioner on compassionate ground.

(2.) The learned counsel appearing for the writ petitioner made a submission that the writ petitioner was appointed as a Watchman in the Agricultural Department on 27.8.1981. He had developed a problem in his eyesight and he was slowly getting blindness and accordingly, the writ petitioner was referred to the Medical Board by the respondent in letter dated 25.6.2007. The Medical Board examined the writ petitioner on 6.8.2007 and submitted a report on 30.8.2007. Accordingly, the Medical Board examined the writ petitioner and declared him as unfit for the post of Watchman. Based on the report submitted by the Medical Board, the respondent passed an order in proceedings dated 5.9.2007, allowing the writ petitioner to retire from service on the ground of medical invalidation.

(3.) The writ petitioner states that he owns a small house and an agricultural dry land and further, the writ petitioner has got two sons, namely, M.Bhaskar and M.Parthiban, aged 28 and 26 years respectively. The writ petitioner further states that no other person is employed in Government Service in his family and further he was the sole breadwinner of the family. The writ petitioner submitted an application, seeking employment on compassionate ground to the younger son, namely, Mr.M.Parthiban. The respondent rejected the claim on the ground that on the date of medical invalidation, the writ petitioner had completed the age of 53 years and therefore, as per the terms and conditions of the compassionate appointment Scheme, no appointment can be provided. In other words, as per the Government Order, in respect of providing compassionate appointment, an employee, who was medically invalidated, after attaining the age of 50 years is not eligible to secure appointment for anyone of his legal heirs.