Eligible person can claim compassionate appointment inspite of getting full term service gratuity.

The Order of the Court was as follows :

The petitioner has approached this Court to issue a writ of mandamus directing the respondents to consider sympathetically and provide a suitable job in Indian Bank to him on compassionate ground without rejecting his claim on technicalities and also on the ground of laches.

The case of the petitioner is briefly stated hereunder. According to him, he is the only son apart from two sisters to his late father Govindaraj who was working as a peon in Indian Bank, Pondicherry Union Territory, His father died in harness on 7-6-1981 leaving behind him, his wife and two daughters. At the time of his father's death, he was only 8 years old. After the death of his father, his mother requested the respondent-Bank through its branch at Neravy, the second respondent herein to give her an appointment on compassionate grounds. It is further stated that he has passed SSLC with good marks apart from Higher Examination in typewriting in both Tamil and English and also obtained diploma in Computer Applications. In spite of various representations, the respondents failed to consider his claim, hence has filed the present writ petition.

On behalf of the respondents, the Assistant General Manager, Indian Bank has filed counter-affidavit disputing various averments made by the petitioner. It is stated that the petitioner has approached this Court after a lapse of about 10 years and on the ground of laches, the writ petition is liable to be dismissed in limine. As per the scheme of the Bank for appointment under compassionate grounds the claim should be made within one year from the date of death and a further period of 3 years allowed if none of the dependents have requisite educational qualification. Though the petitioner was a minor at the time of the death of his father on 7-6-1981, he attained majority during 1988-89 and even if 3 years allowed, the petitioner could have made his representation on or before 1992. The wife of the deceased employee and the mother of the petitioner requested the Bank to provide employment to her brother on compassionate grounds by her letter dated 14-10-1981. Subsequently, the mother of the petitioner had opted for full term service gratuity and waived her right for appointment on compassionate grounds. Having received the entire terminal benefits for full term, there is no scope for appointment of the dependents of the deceased employee under the scheme. Even though she claimed appointment to her brother, subsequently withdrew her claim and opted to receive the entire terminal benefits. Again on 9-4-1983, the mother of the petitioner requested for appointment of her brother on compassionate grounds. Since the same was not provided for in the scheme and the petitioner's mother did not seek employment for herself the terminal benefits were paid to her and the accounts were settled. Since she had settled the accounts fully and finally, it is not open to the petitioner to stake a claim for compassionate appointment that too after a lapse of 10 years. The belated request of the petitioner was rightly rejected on verification of the records available with the respondent Bank. With these averments, they prayed for dismissal of the writ petition.In the light of the above pleadings, I have heard the learned counsel for the petitioner as well as respondents. There is no dispute that the father of the petitioner while working as a Peon in Indian Bank, Neravy Branch, Near Karaikal Commune in Pondicherry died on 7-6-1981. It is the case of the petitioner that at the time of the death of his father, he was aged about 8 years. He belongs to Harijan Community, it is also the definite case of the petitioner that though his mother had made representation even on 14-10-1981 and the second responder had also recommended to the first respondent for considering the claim of the mother for appointment of her brother and in spite of subsequent representations/letters, the respondents faile