IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02/03/2006
Coram
The Hon'ble Mr.Justice N.PAUL VASANTHAKUMAR
Writ Petition No.32073 of 2005
Selvi. S.Emalda Mary ... Petitioner
-Vs-
1. Director of School Education,
Chennai 6.
2. District Educational Officer,
Sivagangai. ... Respondents
This writ petition came to be numbered by way of transfer of
O.A.No.4308 of 2001 from the file of Tamil Nadu Administrative Tribunal with a
prayer to call for the records pertaining to the order passed by the first
respondent in his proceedings O.Mu.No.54924/J3/2000 dated 21 .7.2000 and set
aside the same and direct the respondents to appoint the petitioner on
compassionate ground as Junior Assistant.
!For Petitioner : Mr.S.Mani
^For Respondents : Mr.R.Lakshminarayanan
Government Advocate
:O R D E R
Prayer in the writ petition is to quash the order passed by the first
respondent in his proceedings O.Mu.No.54924/J3/2000 dated 21.7.2000 and direct
the respondents to appoint the petitioner on compassionate ground as Junior
Assistant.
2. Petitioner’s mother, while working as Secondary Grade Teacher
in the Panchayat Union Elementary School, Virayathakandan, Illayangudi Union,
died on 7.10.1995 and the petitioner is the only legal heir. Petitioner
passed Plus Two examinations and she made a representation for compassionate
appointment as her mother died while in service and on the ground that the
family of the petitioner is in indigent circumstance. Petitioner had filed a
certificate dated 12.1.1996 issued by the Tahsildar, Ilayangudi, wherein it is
stated that the petitioner is not having any movable and immovable properties
and that she is in indigent circumstance and hence recommended for giving
compassionate appointment. But the claim of the petitioner was rejected by
the second respondent by passing the impugned order dated 21.7.2000 on the
ground that petitioner’s father is getting family pension.
3. The learned counsel appearing for the petitioner argued that
the reason stated in the impugned order that petitioner’s father is getting
family pension, is unsustainable in view of G.O.Ms.No.155, Labour and
Employment Department, dated 16.7.1993, wherein it is stated that the family
of the deceased Government Servant is entitled to get provident fund,
accumulated family benefits, death-cum-retirementgratuity, encashment of leave
at the credit at the time of death, etc. and those amounts or the interest
earning that will accrue on depositing these amounts, need not be taken into
consideration and without reference to that income it has to be ascertained as
to whether the family is having immovable property like house, land, etc., the
income, which is substantial to sustain the family without any extra help.
The Government therefore directed that the said income need not be considered
as a bar for grant of compassionate appointment, provided a certificate from
the competent authority certifying that the person claiming is in indigent
circumstance.
4. In this case, petitioner has produced a certificate from the
Tahsildar and in view of the removal of ban by the Government in G.O.Ms.
No.155 dated 16.7.1993, the impugned order is unsustainable and the petitioner
is entitled to be considered for grant of compassionate appointment.
5. The second respondent is therefore directed to consider the
claim of the petitioner for compassionate appointment as per G.O.Ms.No.155
Labour and Employment Department, dated 16.7.1993, in the light of the
certificate issued by the Tahsildar on 12.1.1996 and pass orders in accordance
with law, within a period of four weeks from the date of receipt of copy of
this order.
The impugned order is set aside and the writ petition is allowed with
the above direction. No costs.
vr
To
1. The Director of School Education, Chennai 6.
2. The District Educational Officer, Sivagangai.