SARASWATHI Vs. DIRECTOR

JUDGEMENT

(1.) This writ petition has been filed seeking to quash the impugned order passed by the second respondent, dated Nil.04.2014 signed on 28.04.2014 in Na.Ka.No.5311/m1/2012 and consequently, direct the respondents to provide appointment to the petitioner on compassionate ground.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner's father Paramasivam was working as Office Assistant in Government High School, Kalathur, Pattukottai Taluk, Thanjavur District and while he was in service, he passed away on 12.08.2005 leaving behind the petitioner, her mother Selvarani and her elder brother P.Ketheeswaran as his legal heirs. The petitioner had completed the M.Sc. (Mathematics) course and Bachelor of Education. The petitioner has made an application, before the second respondent seeking appointment, on compassionate ground.

(3.) The second respondent has filed a counter affidavit and states that the petitioner's father died on 12.08.2005 leaving behind the petitioner, her mother and her elder brother. The elder son of the deceased employee made an application for appointment on compassionate grounds and the same was rejected. Thereafter, the petitioner has submitted an application after completing the higher qualification viz., M.Sc., and B.Ed. He further stated in the counter affidavit that the earlier application submitted by the elder son of the deceased employee was rejected and therefore, the second application filed by the other legal heirs of the deceased employee cannot be entertained and hence the same was rejected and there is no legal right for the petitioner to seek for appointment on compassionate grounds after a lapse of several years. Therefore, the said application is barred by limitation.