S DHIVYA Vs. STATE REPRESENTED BY PRINCIPAL SECRETARY

JUDGEMENT

(1.) The matter pertains to compassionate appointment. The appellant herein filed a writ petition before this Court in W.P.No.1135 of 2015 praying for issuance of a Writ of Mandamus directing the respondents to consider the appellant's representation dated 07.11.2014 with regard to compassionate appointment, within a stipulated time frame. The learned single Judge, by order dated 28.07.2017, rejected the writ petition on the ground that no such direction could be issued in view of the legal principles contained in the decision rendered by a Division Bench of this Court in the case of The Inspector General of Prisons v. P.Marimuthu, (2016) 5 CTC 125. Challenging the order passed in the writ petition, the present appeal has been filed.

(2.) The learned counsel for the appellant has submitted that the appellant's father, while working as a driver under the third respondent, died on 19.02002 and the appellant's mother also pre-deceased her father, on 25.11.2001. In the circumstances, the appellant has no other source of income to make out her livelihood and to take care of her sister. Even though the appellant's father died in the year 2002, since the appellant was only 3 years old at that time, she made the application for compassionate appointment after she attained the age of majority in the year 2014. The learned counsel submitted that the appellant had prayed only for a direction to the authorities to consider the representation made by her for compassionate appointment in accordance with law, but the learned single Judge has dismissed the writ petition by erroneously taking note of a decision of the Division Bench of this Court.

(3.) We have also heard the submissions made by the learned Government Advocate appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3 and perused the materials available on record.