LAWS(MAD)-2008-6-500

STATE OF TAMIL NADU Vs. R NAGAMANI

Decided On June 12, 2008
STATE OF TAMIL NADU Appellant
V/S
R. NAGAMANI Respondents

JUDGEMENT

(1.) THE Honourable Chief Justice:Heard the learned Special Government Pleader for the appellants. This writ appeal has been filed challenging the order dated 11.4.2007 passed by a learned Judge of the writ court, whereby the learned Judge has directed compassionate appointment to be given to the first respondent, viz., writ petitioner No.1. In passing the said order, the learned Judge has considered various aspects of the matter and also the fact that within two years of the death of the father of the first respondent, who was working as Assistant Teacher in a Government Elementary School, both the petitioners, viz., the sixth son of the deceased employee and the mother made an application for appointment on compassionate ground. On that application, recommendations were made for appointment of the first respondent from time to time. Reminders were also sent. THE matter was kept pending with the authorities. Ultimately, by an order dated 25.2.2002, the fourth respondent, viz., the fourth appellant in the present appeal, rejected the same, inter alia, on the ground that when a qualified elder son is available, the request of the petitioner, who is the sixth son, cannot be considered.

(2.) THE learned Judge has rejected the said reasoning, inter alia, on the ground the penurious condition of the petitioners' family is not in dispute. THE learned Judge has also taken note that the application for appointment was made in time, but it was kept pending with the authorities for a fairly long time. THE learned Judge further noted that before the writ court, the Scheme framed by the Government of Tamil Nadu vide its letter dated 11.2.1988 was not produced. However, the same is produced before us and the learned Special Government Pleader is relying on the same, inter alia, by contending that the application is to be made by the senior most eligible person or a qualified person of the family of the deceased.

(3.) THE writ appeal is thus dismissed summarily at the admission stage. Consequently, M.P. No.1 of 2008 is closed.