M RAJAGIRI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The order issued by the respondent in his proceedings dated 23.12.2016 rejecting the claim of compassionate appointment to the appellant herein / writ petitioner on the ground that the application was not submitted within a period of three years, was challenged by the appellant before this Court in W.P.No.954 of 2017. The learned single Judge dismissed the writ petition on 31.08.2017 by relying upon various judgments of the Hon'ble Supreme Court, holding that Compassionate Appointment Scheme is a scheme which is exceptional and hence cannot be stretched further to the extent of providing Government Appointment to the legal heirs of the deceased employee after a lapse of many years.

(2.) Challenging the order passed in the writ petition, the present writ appeal has been filed.

(3.) The learned counsel for the appellant has submitted that the finding of the learned single Judge that the application submitted by the appellant herein for compassionate appointment belatedly, is not correct. He submitted that the appellant filed the application within the time limit provided by the authority. He submitted that the appellant's father died on 15.07.2001 and the mother of the appellant submitted the application in January 2002, but the respondent did not pass any order on the ground that there was a ban issued by the Government for compassionate appointment from 29.11.2001 to 21.02.2006. After the ban was lifted by the Government, the appellant submitted his application on 20.11.2006. Thereafter, the Government itself passed an order in G.O.Ms.No.42 dated 12.02007 by which the Government extended the period of application for appointment on compassionate grounds for three months from the date of issue of the said order, considering the ban order for filling up of the vacant posts. It is also his specific submission that the appellant has submitted his application for compassionate appointment even in the year 2004 after attaining majority, but the respondent did not receive the said application on the ground that there was a ban order imposed by the Government of Tamil Nadu for compassionate appointment.