K RAMAKRISHNAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The father of the appellant died in harness on 04.01.1983 while serving as Secondary Grade Teacher. The appellant was 2 years old at the time of his father's death. After he attained majority, made a request to the respondents for compassionate appointment on 08.09.1999. The Assistant Elementary Educational Officer, Veppanthattai Division forwarded his application with his recommendation to the District Elementary Educational Officer, Ariyalur. While so, his mother has given a separate request to the Director of Elementary Education to give appointment to her son under compassionate ground and the same was taken up for process vide the proceedings of the Director of Elementary Education dated 03.06.2004. The widow of the deceased employee was asked to furnish certain documents for necessary action.

(2.) It appears from the records that the application was rejected on the ground that instead of seeking compassionate appointment for herself within three years from the date of death of Mr.Kaliaperumal, the deceased employee, the application has been made belatedly for the son who is the last issue of the family, while the other eligible candidates were available in the family at the time of the employee's death. However, the District Elementary Educational Officer citing the poverty situation of the family, has requested the Director of Elementary Education to reconsider the request for compassionate appointment. After reconsidering the application, the District Elementary Educational Officer rejected the application on 30.07.2007 on the following lines:-

(3.) The above said order was impugned in W.P.No.21361 of 2009. The learned Single Judge dismissed the Writ Petition relying on the judgments of the Hon'ble Supreme Court in Bhawani Prasad Sonkar vs. Union of India and others, 2011 4 SCC 209 and in Local Administration Department and another vs. M.Selvajayagam @ Kumaravelu, 2011 5 MadLJ 892 (SC). Hence, the present Writ Appeal challenging the order of the learned Single Judge, has been filed by the appellant.