Status of delinquent at the time of compassionate appointment has to be assessed.

V. Dhanapalan, J.

This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records of the first respondent, dated 03.09.2004, relating to the proceedings in ROC No.3637/2002/C.1, in confirming the the proceedings of the second respondent, dated 10.06.2002, in A.No.147/99, quash the same and consequently direct the respondents to reinstate the petitioner in service as Junior Assistant with effect from 10.06.2002 with all attendant benefits.

2. Petitioners father, by name, Shaik Hyder was working in Tamil Nadu Judicial Ministerial Service as a Junior Assistant. He died in harness on 14.08.1991 while he was serving as Junior Assistant in Principal District Munsif Court, Villupuram. After his demise, the petitioner prayed for appointment on compassionate grounds, and, by an order, dated 13.01.1992, he was given appointment accordingly. Pursuant to his appointment, the petitioner was discharging his duties without any complaint whatsoever.

3. While so, on 15.02.1999, one Shaik Jaffar, paternal uncle of the petitioner, had given a complaint to the second respondent herein, alleging that the petitioner was not the son of the deceased Shaik Hyder and that he was born to one Azeema Bi and one Gaffar and requested to initiate disciplinary action against the petitioner and his mother. Since no action was taken on the said complaint, the said Shaik Jaffar filed a writ petition before this Court vide W.P.No.375 of 2001, praying for a direction to initiate appropriate action on the complaint and, by an order, dated 09.01.2001, the said Writ Petition was disposed of, directing the respondents herein to initiate action and pass orders in accordance with law.

.4. Subsequently, explanation was called for from the petitioner on 22.02.2001 and the petitioner offered explanation on 03.04.2001. Since the explanation was found not satisfactory, a charge was framed against the petitioner under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, (in short, the Rules), as follows:

."That you, the said Thiru H.Anwar Basha, Junior Assistant, District Munsif Court, Kallakurichi, got himself appointed as Junior Assistant on compassionate grounds in the Judicial Department by suppressing and misrepresenting the facts despite being fully aware that he is not the son of the deceased Government servant and thereby became liable to be discharged for grave misconduct."

5. To the above charge, the petitioner submitted his explanation, stating that the complainant was his paternal uncle; Shaik Hyder was his father and not Gaffar; Shaik Hyder nominated the mother of the petitioner, namely, Azeema Bi, as his heir in his service records; the complainant himself had taken all initiatives to celebrate the marriage of the petitioner as elder son of the family and even in the marriage invitation, the complainant himself referred the petitioner as his younger brother Shaik Hyders son; after the death of the petitioners first wife, the complainant himself took all efforts to celebrate his second marriage and even in that marriage invitation, he mentioned the petitioner as the elder son of his younger brother; the complainant had also presented a written undertaking to the Jamat required for the marriage that the elder son of the complainant acted as Vakil for the said marriage; the complainant himself was helpful to get the petitioner appointed on compassionate grounds and, later, due to some property disputes between the complainants family and the petitioner, the complainant had come forward with a false complaint; the complainant himself had stated no objection for payment of the monetary benefits to the mother of the petitioner after the death of his father Shaik Hyder; the petitioner and his mother were not aware of the alleged Gaffar; according to the petitioners mother, the petitioner and the other children were born to her through Shaik Hyder alone and the petitioner had nev