J FELIX BALANAYAGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The mother of the appellant by name Tmt.P.N .Grace was working as Rural Women Working Welfare Officer in Srivaikuntam Panchayat Union, Tuticorin District. She died on 3.8.1993. As the scheme provided for compassionate appointment, the appellant applied for such appointment on 25.8.1993. Though the appellant disclosed in his application that his father was employed in an aided school as Lab Assistant, he could not produce the certificate to the effect that none of the family members was in employment either in Government or in private. Hence the application was rejected on 15.12.1993.

(2.) Thereafter, the appellant again made another application on 12.5.1997, as his father also retired by the time on 30.4.1997. That application was considered and he was appointed as a Junior Assistant on compassionate ground in Ottapidaram Panchayat Union on 25.9.1998. The District Collector, Tuticorin District sent a proposal in his letter dated 29.8.2001 to the Government for regularisation of his appointment. That proposal did not find favour with the first respondent, namely, the Secretary of Rural Development Department on the ground that the family members were not in "indigent circumstances", as they were receiving family pension to the tune of Rs. 4,670/-. This order came to be questioned in the writ petition. The appellant also obtained interim order and he continued in the post till the writ petition came to be dismissed on 17.7.2007 and that he has also been relieved on 15.9.2007. Being aggrieved by that order, the present writ appeal is filed.

(3.) We have heard Mr. M.Krishnappan, learned senior counsel for the appellant and Mr. So. Paramasivam, learned Government Advocate for the respondents.