JAMUNA RANI Vs. COMMISSIONER OF AGRICULTURE

JUDGEMENT

(1.) The Orders of rejection, dated 06.02.2012, 30.04.2012 and 28.06.2012 are under challenge in this writ petition. Further, a direction is sought for to provide employment on compassionate ground.

(2.) The husband of the writ petitioner Late.Shri.N.Kumar was employed as Junior Tractor Driver in the office of the Assistant Executive Engineer, Agricultural Engineering Department, Thanjavur and passed away on 01.12.2008 while he was in service. On account of the death of the deceased employee, the application seeking compassionate appointment was preferred on 18.01.2010 to provide employment to the eldest daughter of the deceased employee. Subsequently, the said application seeking appointment for the daughter of the deceased was withdrawn. The second application was submitted by the writ petitioner, who is none other than the wife of the deceased employee, on 20.12.2010 seeking compassionate appointment to herself and that application alone is to be considered. However, the writ petitioner was not interested for securing appointment on compassionate ground to the eldest daughter. Contrarily, the writ petitioner is willing to secure employment for herself. Thus, the claim of the writ petitioner was rejected.

(3.) The learned Special Government Pleader appearing on behalf of the respondents states that the deceased employee passed away on 01.12.2008 and the first application was submitted on behalf of the eldest daughter of the deceased employee on 18.01.2010 and the said application was withdrawn and the second application seeking compassionate appointment was preferred on 20.12.2010 by the writ petitioner, who is the wife of the deceased employee. As per the terms and conditions of the scheme of compassionate appointment, there is no provision to entertain the second application for compassionate appointment. This apart, the authorities has also rightly rejected the claim of the petitioner on the ground that the first application alone can be considered and there is no provision to consider the second application seeking compassionate appointment. This apart, the writ petitioner, even at the time of filing the writ petition was aged about 42 years and now, she would be about 47 years. Thus, the writ petitioner is over aged and no appointment can be provided to the writ petitioner in accordance with the Rules in force.