V. VIJAYARAGHAVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of the 1st respondent issued in Government Letter No. 13658/ Sa. Na.4-2/ 2016-1, Social Welfare and Nutrious Meal Programme Department dated 17.02.2017and the consequential order passed by the 3rd respondent in his proceedings dated 30.03.2018, are under challenge in this writ petition.

(2.) The learned Senior Counsel, appearing on behalf of the petitioner, made a submission that the father of the writ petitioner K. Veerappan passed away on 01.04.2014, while he was serving as Noon Meal Organiser in Panchayat Union Elementary School, Chinnakarattur, Gangavalli Union, Salem District, leaving behind the mother of the petitioner, the petitioner and his elder sister. It is contended that the elder sister of the petitioner has already got married. Thus, the writ petitioner submitted an application seeking compassionate appointment.

(3.) The authority competent raised an objection by stating that in the event of the presence of a qualified female legal heir in the family, the other legal heirs are incompetent to submit an application seeking compassionate appointment as per the terms and conditions of the scheme. However, he sent a proposal to the Government, seeking relaxation of the conditions stipulated in the Government Orders. The Government passed an order in proceedings dated 17.03.2017, which is impugned in the writ petition, stating that in the presence of the eligible female legal heirs in the family, the application submitted by the next below legal heir cannot be entertained for the purpose of considering the appointment under compassionate grounds. In other words, the Government had declined to grant relaxation in respect of the conditions imposed in this regard under the scheme.