T VASUKI Vs. DISTRICT COLLECTOR, COLLECTORATE, THENI

JUDGEMENT

(1.) The order of rejection dated 03.04.2013 issued by the respondent in relation to the claim of the daughter of the writ petitioner for compassionate appointment is under the challenge in this writ petition.

(2.) The writ petitioner who is none other than the wife of the deceased employee, late Shri.Thangam, filed this writ petition stating that the husband of the writ petitioner was employed as a Clerk in the office of the Tahsildar, Theni and passed away on 17.06.2006, while he was in service at the age of 56 years. At the time of the death of the deceased employee, the daughters of the writ petitioner were studying in school. Accordingly, the writ petitioner made an application seeking appointment on compassionate ground on 10.04.2006. The said application was kept pending for long years without consideration and finally after a lapse of 7 years from the date of application, the impugned order was passed in proceedings dated 03.04.2013, stating that the first application was submitted by the writ petitioner in the year 2006 and on account of overage, another application was submitted by the writ petitioner with a request to provide appointment to the second daughter of the deceased employee. The respondent has rejected the claim on the ground that the appointment on compassionate ground to be provided to the applicant who submit the application at first and there is no procedure for conversion of application from the wife of the deceased employee to the second daughter of the deceased employee. In other words, as per the terms and conditions of the scheme, seeking conversion of the application is impermissible, further the conversion of application, would defeat the very purpose and object of the scheme of the appointment.

(3.) The learned Government Advocate on behalf of the respondent relied on the impugned order by stating that the application at the first instance was submitted by the writ petitioner in the year 2006. Subsequently, on account of overage, the application submitted initially cannot be converted for the purpose of securing appointment to the second daughter of the deceased employee. However, it is not clarified with regard to the status of the first daughter of the deceased employee.