V MANIVANNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to provide employment to the writ petitioner on compassionate ground in any one of the posts, which is suitable for him by considering his representations, dated 11.09.2002, 24.01.2006 and 01.06.2009.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the father of the writ petitioner was employed as Watchman in the fifth respondent Aided School and passed away on 10.03.1997, while he was in service. He further states that the deceased employee was the sole breadwinner of the family and on account of sudden demise, the family was in penurious circumstances and not able to meet out the family expenditure. However, at the time of the death of the deceased employee, the writ petitioner was a minor and on attaining the age of majority he had submitted an application seeking compassionate appointment to the Educational Authorities on 11.09.2002. The authorities have not considered the claim of the writ petitioner.

(3.) The learned Special Government Pleader appearing on behalf of the respondents 1 to 4 made a submission that the father of the writ petitioner passed away on 10.03.1997 and the first application was submitted in the year 2002 after a lapse of about 5 years from the date of death of the deceased employee. This part, the deceased employee was working in a private Government Aided School and the application on compassionate appointment can only be made to the Secretary of the concerned School, who is the competent authority. Further, the learned Special Government Pleader states that the application on Compassionate ground should be made within three years from the date of death of the deceased employee before the Management of the School and the Government Authorities cannot entertain any application seeking Compassionate Appointment in respect of the employees, who were working in private aided school. This apart, the very application itself was preferred after a lapse of five years. Thus, an inference has to be drawn that the indigent circumstances arose on account of the sudden demise of the deceased employee become vanished.