S GANESH KUMAR Vs. DIRECTOR

JUDGEMENT

(1.) The order of rejection issued by the Director of Public Health and Preventive Medicine, Anna Salai, Chennai-6, dated 13.8.2012 states that Thiru S.Subramanian, Block Health Supervisor, Primary Health Centre, Elathur, Sankarankovil, HUD expired on 28.3.1999 while he was in service. Thiru.S.Ganesh Kumar, Son of Late.Thiru.S.Subramanian, who has acquired B.E. Qualifications in his application, dated 28.5.2001 initially applied for employment assistance on compassionate grounds according to his qualifications and subsequently as the Government had not lifted the ban imposed on the scheme in respect of posts coming under Group 'B' the individual in his application, dated 21.11.2006 has requested that he should be provided with employment assistance as Junior Assistant on compassionate grounds.

(2.) The Respondents however proceeded by stating that on a scrutiny of the compassionate ground appointment proposal, the family of the deceased Government Servant consists of seven members, wife, two daughters and four sons. The Petitioner Thiru.S.Ganesh Kumar, B.E is the third son of the deceased employee. As per letter in K.Dis.No.A5/3195/2010, dated 28.6.2010 of the Tahsildar Sengottai, the employment details of the first two sons of the deceased Government servant are furnished below: <FRM>JUDGEMENT_108_LAWS(MAD)1_2018_1.html</FRM>

(3.) In para 4 of the said order, it is categorically stated that the Deputy Director of Health Services, Sankarankovil informed that Tmt.S.Jayalakshmi @ Madathi, wife of the deceased Government Servant in her application, dated 15.4.2002 had stated that the eldest son Thiru.S.Senthilkumar B.S.M.S has got married and living separately. The two elder sons of the deceased Government servant have got married after the death of the Government servant and as such, at the time of death of the deceased Government servant, they were living with the family of the deceased Government servant. Moreover, in this case no evidence/certificate have been produced to the effect that the two elder sons were living separately from the family of the deceased Government servant even before the death of the deceased Government servant, as insisted in G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993 so as to consider the claim of the other dependant in the family of the deceased Government servant.