IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2360 of 2007 (O.A.No.1079 of 2001) S.G.Rajan .. Petitioner. Versus The Director of School Education, Chennai-600 006. .. Respondent. Prayer: Original Application No.1079 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No.2360 of 2007, seeking for a writ of Certiorari For Petitioner : Mr.D.Bharatha Chakravarthy For Respondent : Ms.S.Anitha Government Advocate O R D E R
Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
2. The brief facts of the case are as follows:
The petitioner’s mother, late Mrs.S.Lakkupadmavathy, was working as a Secondary Grade Teacher in the Panchayat Union Primary School, Thiruvadanai. She had died, on 28.4.1992, while in service. The petitioner and his family was entirely dependant upon the income drawn by his mother. After the death of the petitioner’s mother the entire family was living in indigent circumstances. In such circumstances, the petitioner, who was possessing a B.Com. Degree, at the time of the death of his mother, had applied for appointment on compassionate grounds. Even though the petitioner’s application had been accepted and his name had been entered at No.802 in the seniority list, for being appointed on compassionate grounds, no such appointment was given. Later, the request of the petitioner had been rejected by the respondent, by his proceedings, dated 26.7.2000. The reasons stated by the respondent for rejecting the application of the petitioner is that, at the time of the death of the petitioner’s mother, his father was in Government service and therefore, the petitioner is disqualified from being considered for appointment on compassionate grounds, in accordance with G.O.Ms.No.998, Labour and Employment Department, dated 18.5.1981.
3. The main contention of the learned counsel for the petitioner is that the petitioner has been living, separately and that he was not dependant on his father, for his living, at the time of the death of his mother Mrs.S.Lakkupadmavathy. In such circumstances, the request of the petitioner, for appointment on compassionate grounds, ought to have been considered by the respondent, favourably.
4. Even though the learned counsel had raised such a contention, nothing has been shown on behalf of the petitioner to substantiate such a claim. Further, the petitioner has not been in a position to show that he was entitled to the benefit of compassionate appointment, in accordance with G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993, prescribing certain norms for such appointments. In such circumstances, this Court is of the considered view that the present writ petition is devoid of merits. Hence, it stands dismissed. No costs.
Index:Yes/No 16-07-2009
Internet:Yes/No
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M.JAICHANDREN,J.
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To
The Director of School Education,
Chennai-600 006.
Writ Petition No.2360 of 2007
16-07-2009