V RAGUL KANNAN Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) The pathetic case of the petitioner shows that his father late K.Vijayakumar, while serving as Junior Assistant in the District Munsif Court at Thuraiyur, Trichirappalli District, due to illness died on 26.08.2012, as early before the date, his mother late K.Vasanthakokila also pre-deceased on 02.03.2010, due to cancer and thereafter, the petitioner and his elder brother Mr.V.Nagarjunan were brought up by their maternal uncle Mr.T.Muthukumar and their grand mother. While residing along with them, after attaining majority, on 11.07.2016, the petitioner was advised to move an application for compassionate appointment, to avoid any technicalities. Accordingly, he moved an application for appointment on compassionate ground, on 25.04.2015 i.e. within three years from the date of his father's death. On receipt of such application, the respondent also on 15.10.2015 informed the petitioner that his application would be considered after he became major.

(2.) The petitioner also immediately after attaining the age of majority filed documents, required by the respondent on 05.08.2016. However, there is no order passed. After waiting for a long time, the petitioner was advised to file W.P.(MD)No.13821 of 2017 seeking for a Mandamus to consider his claim for compassionate appointment. This Court, by order dated 26.07.2017 considering the limited prayer, gave a direction to the respondent therein to consider the petitioner's application dated 25.04.2015 within a period of eight weeks. But as against the positive reply given by the respondent on 15.10.2015 that his application would be considered, suddenly passed the impugned order dated 27.09.2018 negativing his claim. It is may be for the reason that the petitioner has approached this Court for seeking direction.

(3.) Mr.A.Sivaji, learned counsel appearing for the petitioner assailing the impugned order, would submit that it is a well settled legal position that if a candidate, who is son or daughter, is minor and not attained the age of majority on the date of death of the bread winner, while in State or Central Service or Judicial service, after attaining majority within three years, if he makes an application seeking Compassionate appointment, in law, it is sufficient compliance of the requirement.