A SHAHUL HAMEED Vs. DIRECTOR

JUDGEMENT

(1.) The order of rejection issued by the second respondent in proceedings dated 29.10.2010, in relation to the claim of the writ petitioner seeking compassionate appointment, is under 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 Late.Shri.Abdul Rasheed, was employed as Imposer in the second respondent office and passed away on 29.09.1993, while he was in service. On account of the sudden demise of the deceased employee, the family was in penurious circumstances, thus the mother of the writ petitioner preferred an application on 25.08.1994 seeking appointment on compassionate ground to the elder son of the deceased employee namely, A.Shahul Hameed (writ petitioner). Thereafter, the mother of the writ petitioner once again filed an application on 01.03.1995, to provide appointment to herself. Thereafter, the third application was filed on 10.03.1998, to provide appointment once again to the writ petitioner. The case of the writ petitioner, was considered and the second respondent rejected the same, on the ground that at the time of the death of the deceased employee, the writ petitioner had not completed the age of 18 years and after attaining the age of majority, the writ petitioner submitted the application only on 10.03.1998. Therefore, application was rejected on the ground that the same has not been submitted within a period of 3 years from the date of death of the deceased employee.

(3.) At the outset, at the time of submitting the first application dated 25.08.1994, the writ petitioner was a minor and the second application dated 01.03.1995, was submitted to provide appointment to the mother of the writ petitioner and once again on 10.03.1998, the third application had been submitted to provide appointment to the writ petitioner i.e., after a lapse of 5 years from the date of death of the deceased employee.