Point of law: concept of social justice is the yardstick to the justice administration system or the legal justice and as Respondent pointed out that the greatest virtue of law is in its adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the law depending upon the situation since the law is made for the society and whichever is beneficial for the society, the endeavour of the law court would be to administer justice having due regard in that direction

ORDER :

1. The present Writ Petition has been filed under Article 226 of the Constitution of India to issue an appropriate Writ Order or direction, preferably one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in not appointing the petitioner as Village Revenue Officer on compassionate grounds vide endorsement L. Dis. No. A8/8346/2009 dated 21.10.2009 is illegal arbitrary and contrary to law and set aside the same and consequently direct the Respondents to appoint the petitioner as Village Revenue Officer or in any suitable post in Revenue Department on compassionate grounds forthwith and pass such other or further orders as are necessary in the circumstances of the case.

2. A counter affidavit has been filed by the 2nd respondent denying the averments made in the writ petition.

3. Heard Sri. T. Balaji, learned counsel for the petitioner and the learned Government Pleader for Services-I appearing for the 2nd respondent.

4. Learned counsel for the petitioner submits that the father of the petitioner, Sri. Rajendra Pillai, worked as a Village Administrative Officer of Thirumalarajapuram Village, Palasamudram Mandal, Chittoor District, since 1992 onwards. The father of the petitioner died on 20.02.1999 while in service, leaving behind his wife and son. Thereafter, the petitioner and his mother are not having any livelihood since they are purely depended on the income of his father. By the date of death of his father, he was aged about 9 years and his mother being an illiterate could not make any application for appointment on compassionate grounds at that time.

5. Learned counsel for the petitioner further submits that the petitioner passed SSC in the month of March, 2005 and due to financial difficulties, he could not complete his Intermediate education and subsequent to attaining the majority, he made an application to the Respondents requesting to appoint him as Village Revenue Officer or in any other suitable post in the Revenue Department on compassionate grounds.

6. Learned counsel contends that the 2nd respondent vide his endorsement in L. Dis. A8/8346/2009, dated 21.10.2009 rejected his request on the ground that as per G.O.Rt. No. 660 Revenue (VA) Department, dated 06.07.2009, Government has accorded permission to consider the cases of the dependents of Part-time Assistants pending from 01.01.2002 for compassionate appointment of the spouse/dependent children of deceased Part-time Assistants for their appointment as Village Revenue Officer in Revenue Department and as such, the deceased Village Administrative Officer, Sri. K. Rajendra Pillai date of death is 20.02.1999, the said G.O. is not applicable to consider the claim of the petitioner.

7. On the other hand, learned Government Pleader appearing for 2nd respondent submits that the father of the petitioner worked as Village Administrative Officer (Part-time) died on 20.02.1999 while in service and the family of the deceased employee are eligible for ex-gratia of Rs. 25,000/- as per G.O.Ms. No. 446 Revenue (VO) Department, dated 24.07.2002. The petitioner or his mother has not applied for ex-gratia as per the said GO. All the pensioner benefits were paid to the wife of the deceased. The ex-gratia of Rs. 25,000/- in lieu of compassionate appointment was not paid due to non filing of application.

8. Learned Government Pleader further submits that there is no representation for compassionate appointment either from his wife or from his son i.e. the petitioner, who was aged 9 years as on the date of death of deceased Village Administrative Officer. The petitioner has submitted his representation for appointment on compassionate grounds only on 22.08.2009. The dependant shall submit application for appointment on compassionate grounds within a period of one year from the date of death of Government employee. If the dependant is a minor or he has not fulfilled educational qualification; it should be possible to them to ask for the relief within reasonable