T. KUBENDRA PRASAD Vs. CHAIRMAN

JUDGEMENT

(1.) The father of the Appellant, viz., G. Tilak Prasad, who was working as Motor Driver (FC), Engineering Department of Chennai Port Trust, died in harness on 19/8/2007 leaving behind his wife, one son and one daughter. The Appellant made an application on 5/12/2007 to grant compassionate appointment and in response to the proceedings No. SCT5/16874/2007/GA dtd. 10/8/2009 of the Secretary of the Chennai Port Trust, the Appellant submitted the proforma and he was assigned D.R. No. 2819 vide proceedings No. SCT5/16874/09/GA dtd. 12/11/2009. The Appellant had made a representation dtd. 10/8/2010 for issuing appointment order and by order dtd. 17/11/2011 in W.P. No. 26510 of 2011 filed by the Appellant, this Court directed the authorities of the Chennai Port Trust to dispose the representation of the Appellant within twelve weeks from that date.

(2.) The authorities of the Chennai Port Trust by proceedings No. SCT5/1835/2012/GA dtd. 28/3/2012 informed that 5% of direct recruitment vacancies in Group C and D posts are earmarked for compassionate appointment and that the name of the Appellant had been included in the register maintained for that purpose and in terms of O.M. No. 14014/19/2002, Establishment Department dtd. 5/5/2003, the names of the dependents of deceased employees considered for compassionate appointment are weeded out out from the register if appointment could not be made within three years and their case cannot be considered for appointment in future. However, in view of the directions passed by this Court on 17/11/2011, the representation dtd. 10/8/2010 of the Appellant was again examined and it was found that as per the guidelines of the Government for compassionate appointment, the request of the Appellant could not be considered. The Appellant challenged the said proceedings No. SCT5/1835/2012/GA dtd. 28/3/2012 in W.P. No. 11706 of 2012 before this Court, which was disposed by order dtd. 9/1/2014 holding that the Appellant was entitled to the same benefits as granted by the First Bench of this Court in A. Sumathi vs. Chairman, Chennai Port Trust (Order dtd. 14/2/2012 in W.A. No. 2453 of 2011) and accordingly, the impugned order in that Writ Petition was set aside and the Respondents were directed to consider the claim of the Appellant for appointment on compassionate grounds without reference to the reasons stated in the impugned order and pass appropriate orders within a period of four weeks from the date of receipt of copy of that order.

(3.) Before proceeding further, reference may be made to the decision of this Court in A. Sumathi vs. Chairman, Chennai Port Trust (Order dtd. 14/2/2012 in W.A. No. 2453 of 2011), which has been relied in the aforesaid order, and the same reads as follows:-