S GUNASEGAR Vs. PONDICHERRY MUNICIPALITY

JUDGEMENT

(1.) CHALLENGE is made to an order of the learned Single Judge made in W.P.No.5991 of 2001, dated 7.2.2003, whereby the petitioner has requested for writ of certiorarified mandamus to call for the records of the respondent in No.PM/Estt/8-53/A-10/98-2000, dated 23.1.2001 and to quash the same and consequently to direct the respondent to reinstate the petitioner into service with backwages and all other consequential benefits.

(2.) THE Court heard the learned counsel for the appellant. THE affidavit filed in support of the writ petition and also the order under challenge along with the grounds on which the order is being assailed are looked into.

(3.) IT is not in controversy that the petitioner, pursuant to an order of appointment, was working as Sanitary Worker in the respondent Municipality and his service was terminated by an order, dated 23.1.2001. The only grievance ventilated by the petitioner is that not even a notice was served upon him or enquiry was made before terminating him and thus, there was violation of principles of natural justice. IT is also not in controversy that both his father and mother were working as Sanitary Workers and when he applied for employment on compassionate ground on the death of his father, his mother was actually working. IT is not the case of the petitioner that it was he who brought to the notice of the Municipality the fact that his mother was working. The application, which was made before the Municipality seeking employment on compassionate ground, is also placed and perused, wherein it has been stated that he was the only member of the family seeking for appointment. The relevant portion of the affidavit filed in support of the writ petition reads as follows: "... my father was working in the Pondicherry Municipality and due to some chronic liver problem my father expired on 23.10.1997. My family consisting of my mother and my younger sister. I applied for compassionate appointment in the Pondicherry Municipality and the Pondicherry Municipality has referred my case to the Pondicherry Revenue Department for verification and report."A reading of the entire affidavit does not indicate anywhere that at the time when he applied for appointment, he had brought to the notice that his mother was also working. IT is needless to say that the appointment on compassionate ground could be made only to see that the family of the deceased was not to be let out without any income for livelihood.