1. The petitioner's mother was employed under the respondent as Junior Assistant. She died on 10.06.1991. The petitioner joined in the course of Indian Medicine (B.A.M.S.). After obtaining the Degree, he registered his name in the Tamil Nadu Board of Indian Medicine, Chennai, on 20.07.2009. He made a representation dated 16.05.2010 to the second respondent seeking compassionate appointment, in commensurate with his qualification viz., B.A.M.S. The same was dismissed by the second respondent by an order dated 27.09.2010 on the following two grounds.

"(1)The petitioner should have been made an application within three years from the date of death of his mother, as per G.O.Ms.No.120, Labour Welfare Department, dated 26.06.1995.

(2)The petitioner could not seek employment as an Ayurvedic Doctor citing his B.A.M.S. qualification."

2. The learned counsel for the petitioner submits that there was no limitation prescribed for making application for compassionate appointment before the order in G.O.Ms.No.120, Labour and Employment Department, dated 26.06.1995, was passed. The Government issued order in G.O.Ms.No.120, prescribing three years period of limitation from the date of deat