P BALASUBRAMANIAN Vs. COMMISSIONER

JUDGEMENT

(1.) The order of rejection, dated 27.09.2012 in respect of the claim of the writ petitioner for appointment on compassionate ground, is under challenge in this writ petition.

(2.) The mother of the writ petitioner Late.Sri.Sundarammal was employed as a conductress in Madurai Corporation School and passed away on 01.01983, while she was in service. The father of the writ petitioner made a representation on 003.1983 to the Commissioner, Corporation of Madurai for providing an appointment on compassionate ground to the elder sister of the writ petitioner. Once again, the father of the writ petitioner submitted a representation on 18.10.1983. However, the respondents have not considered the application submitted by the father of the writ petitioner in time. The elder sister of the writ petitioner got married and after her marriage, the father of the writ petitioner again submitted a representation to provide appointment to the writ petitioner and the same was kept pending for long years. The writ petitioner on attaining the age of majority, submitted a representation seeking appointment on compassionate ground. The delay occurred on account of ban on recruitment and on account of penurious circumstances prevailing in family of the writ petitioner. The writ petitioner states that admittedly to secure appointment on compassionate ground, in the year 1988, the respondents asked the petitioner to submit the certificate and the certificate of the writ petitioner were also verified. In spite of that, the impugned order was passed vide proceedings, dated 27.09.2012 stating that the application was not submitted within a period of three years from the date of death of the mother of the writ petitioner.

(3.) At the out set, the fact remains that the deceased employee namely, the mother of the writ petitioner passed away on 01.02.1983 and the first application was submitted in order to secure the employment to the elder sister of the writ petitioner. Thereafter, on attaining the age of majority, an application was submitted to secure the employment to the writ petitioner.