DIRECTOR OF TOWN PANCHAYAT Vs. S THIRUMALAR SELVI

JUDGEMENT

(1.) THE present appeal is filed by the Director of Panchayats and the Assistant Director of Panchayats, Kuralagam, against the order of the learned single Judge in W.P.No,892 of 2008, dated 6.2.2008, whereunder the learned single Judge, while quashing the orders passed by the present appellants dated 3.11.2006 and 30.11.2007, directed them to appoint the present Respondent on compassionate grounds.

(2.) THE facts were as follows :- THE father of the petitioner, who was initially employed as Bill Collector and subsequently promoted as Junior Assistant, died in harness on 30.11.1991. THE respondent after attaining majority filed an application on 20.5.2002 seeking appointment on compassionate grounds and it is stated that such application was registered as Sl.No.16 in the register maintained for compassionate appointments. By communications dated 21.6.2002, 19.9.2002 and 27.8.2003, the respondent was informed that since there was a ban on appointment in Government service, the application for appointment on compassionate grounds would be considered in accordance with the Rules after the ban was lifted. Subsequently, however, by the impugned orders dated 3.11.2006 and 30.11.2007 the respondent (writ petitioner) was informed that since she had already got married, her claim for compassionate appointment cannot be considered. Such communications were challenged in W.P.No,892 of 2008.

(3.) LEARNED counsel for the respondent has submitted that at the time when the father of the present respondent expired, she was a minor girl and soon after attaining majority she made an application, which was kept pending, and thereafter such application was rejected only on the ground that she had married in the meantime. It is therefore submitted by her that the ratio of the earlier Division Bench decision was squarely applicable, which was followed by the learned single Judge and, therefore, there should not be any interference in this appeal.