R.DURGA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The instant writ petition is for a Certioararified Mandamus, calling for the records of the Agriculture Commissioner, Department of Agriculture, Chennai, culminated in Letter No. A.U.P.2/36601/2015 dated 17.05.2016 and quash the same and consequently direct the respondents to appoint the petitioner in the post of Junior Assistant with retrospective effect from the date of appointment along with all backwages, continuity of service and other benefits.

(2.) The petitioner's father was working as Depot Manager Grade-III, in the office of the Joint Director of Agriculture, Tiruvannamalai. He passed away on 25.04.2003, leaving behind the petitioner (daughter), his wife and his son. The petitioner's mother had submitted a representation dated 16.04.2004 within a year of the death of the petitioner's father, requesting suitable job on compassionate appointment. The petitioner completed her X standard in March 2005, i.e., one year after the application was made. The petitioner thereafter completed her XII Standard in March 2007. She also acquired junior grade certificate issued by the Technical Education for Typewriting. The petitioner acquired her B.B.A., degree from Bharathidasan University in the year 2011 and subsequently, completed M.B.A., degree from Bharathidasan University on 06.03.2013. The petitioner also did her Masters in Science in Information Technology and obtained certificate from Bharathidasan University.

(3.) On 20.11.2013, an appointment order was issued by the office of the Joint Director of Agriculture, Tiruvannamalai, appointing the petitioner as Office Assistant. After the petitioner was appointment as Office Assistant, the petitioner gave a representation requesting the respondents to consider the petitioner's qualification and to appoint her to the post of Junior Assistant. The petitioner placed reliance on G.O.Ms.No.1499, Labour & Employment Department dated 03.08.1989, which stipulates that appointment on compassionate basis should be made taking into account educational qualification of the applicant. The representation was rejected by an order dated 17.05.2016, on the ground that the G.O.Ms.No.1499, Labour & Employment Department dated 03.08.1989, is applicable only to such of those cases, wherein the person passed away before 03.08.1989.