AKNESWARI Vs. TRICHIRAPPALLI CITY CORPORATION

JUDGEMENT

(1.) The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus directing the respondents by providing a job to the Petitioner under compassionate grounds for the service rendered by the Petitioner's mother Devaki as Sanitary Worker before the respondents Office until her death during her course of employment.

(2.) The case of the Petitioner was rejected on the ground that the petitioner has already got married seven years prior to the death of her mother, who was an employee in second respondent's office as Sanitary Worker and that the family pension was drawn by the husband. As the Petitioner has already got married seven years prior to the death of her mother, she is not entitled for compassionate appointment is the sum and substance of the case.

(3.) This Court while dealing with similar issue in W.P(MD)NO.10650 of 2018, dated 18.09.2018 held that the amount paid or payable to the deceased employee cannot be taken into account for the purpose of depriving compassionate appointment and those benefits are in any event have to be paid to the dependants/legal heirs of the deceased employee and that cannot be quoted as a reason for not extending the compassionate appointment. In the present case on hand, the employee namely father of the Petitioner is alive and he was drawing the provisional pension and the Petitioner is seeking compassionate appointment on account of the demise of his mother. The provisional pension/subsistence allowance that was being paid to the petitioner's father cannot at any stretch of imagination be construed to deprive the request of the Petitioner for compassionate appointment. The drawal of the pension due to the petitioner's father cannot deprive the case of the Petitioner being considered for compassionate appointment, if she is otherwise satisfies the required qualification for appointment on compassionate grounds, provided such scheme exists.