G VIJAYAKUMAR Vs. COMMISIONER AND SECRETARY TO THE DEPARTMENT OF HIGHWAYS AND RURAL WORKS SECRETARIAT

JUDGEMENT

(1.) THE Original Application in O.A.No.1453 of 2001 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) THE petitioner's father was appointed as Gang Mazdoor on 01.06.1971 in Chengalpattu Highways Division. While he was serving in the respondents-Department, he died on 08.08.1980 due to illness leaving behind him, his wife and his son (the petitioner herein). Since the petitioner's mother did not have basic qualification, she did not apply for compassionate appointment. At the time of death of his father, the petitioner was only aged three years. In November 1995, the petitioner made an application for compassionate appointment. THE fourth respondent sought for report from the Assistant Divisional Engineer, Highways, Maduranthagam, Chengalpattu, in respect of the qualification and other details relating to petitioner for compassionate appointment. THE fourth respondent also sent a letter dated 06.03.1996 to the third respondent that he was awaiting report from the Assistant Divisional Engineer. THE petitioner also gave a representation to the Chief Minister Cell seeking compassionate appointment and the same was forwarded to the concerned Collector and the Collector in-turn sought report from the second respondent. THE fourth respondent sent a letter dated 11.10.1999 to the District Collector, Kancheepuram, stating that the second respondent passed an order dated 06.05.1999 returning the application of petitioner seeking compassionate appointment on the ground that the application was made after seventeen years of the death of the father of the petitioner and that therefore compassionate appointment could not be given to petitioner. It is stated that the same was intimated to the petitioner by a letter dated 21.05.1999 of the fourth respondent.

(3.) THE learned counsel for the petitioner submits that the impugned order mainly proceeds on the basis that the compassionate appointment was sought after 17 years from the date of death of the Government employee and that therefore, the petitioner is not entitled to seek compassionate appointment. It is submitted that prior to the year 1995, there was no limitation prescribed for seeking compassionate appointment. THE Government entertained applications for compassionate appointment without reference to any limitation. However, the Government issued an order in G.O.Ms.No.120, Labour and Employment Department, dated 26.06.1995 prescribing three years period of limitation from the date of death of the Government servant to seek compassionate appointment. It is further submitted by the learned counsel for the petitioner that the respondents seem to have been influenced by the aforesaid G.O.Ms.No.120. But the Labour and Employment Department of the Government issued a letter of clarification in Letter No,39924/Q1/95-1 dated 11.10.1995 stating that the aforesaid Government Order is applicable only to the deaths that occur after 26.06.1995 and not to past cases. THE learned counsel for the petitioner relies on the following passage from the said letter:- "......In this connection, it is clarified that the time limit of three years period specified in the Government Order first cited is applicable only to the dependants of the Government servants those who died while in service on or after 26.6.95 and the above order are not applicable to the past cases...."