D ARASAN Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The order of rejection dated 02.07.2009 and 30.04.2012, issued by the first respondent in relation to the claim of the writ petitioner for compassionate appointment are under the challenge in this writ petition.

(2.) The learned Counsel appearing on behalf of the writ petitioner made submissions that the father of the writ petitioner was employed as a Sanitary Worker in the second respondent Municipality and passed way on 04.09.1970, while he was in service. The writ petitioner had submitted an application seeking compassionate appointment on 001988 before the second respondent. The said application was not considered for a considerable length of time and there were certain correspondence between the respondents and the petitioner. The impugned order of rejection was passed by the first respondent on 007.2009, stating that the application seeking compassionate appointment was preferred on 06.08.1988, after a lapse of about 28 years from the date of the death of deceased employee. Thus the application was rejected. Once again, the writ petitioner made a request and the same was also rejected in proceeding dated 30.04.2012, stating that the application itself was submitted after a lapse of about 18 years from the date of the death of deceased employee. On the ground of delay in submitting the application seeking compassionate appointment, the claim of the petitioner was negatived by the respondent.

(3.) The learned Counsel appearing on behalf of the writ petitioner vehemently contended that the first application, no doubt was submitted in the year 1988 and thereafter the writ petitioner was vigorously pursuing the application for compassionate appointment. After the death of the deceased employee and after the submission of the application by the petitioner only the condition of three years was imposed on 26.01995 and therefore such a condition cannot be effected retrospectively so as to affect the claim of the writ petitioner.