The main legal point established is the significance of the three-year limitation period for compassionate appointment and the court's adherence to the government letter dated 08.10.2007 in interpreting and applying this provision.

1. By consent of both parties, the main writ petition itself is taken up for final disposal.

2. The father of the petitioner viz., V.Subramani was working as Hospital Worker in Government General Hospital. He expired on 16.09.1988 while in service, leaving behind him, the petitioner herein, his wife and four other children. At the time of death of her father, the petitioner was a minor. Her other sisters and brothers were married and living separately. They gave consent for the petitioner being given appointment on compassionate grounds.

3. While so, the mother of the petitioner applied to the second respondent on 18.07.2001 for giving appointment to the petitioner. However, there was no response. Hence, the petitioner made a representation dated 17.06.2011 with regard to her appointment on compassionate grounds.

4. The second respondent passed the impugned order dated 29.09.2011 rejecting the claim of the petitioner for compassionate appointment on the ground that the application was made belatedly i.e, beyond the limitation period of three years.

5. In these circumstances, the petitioner has filed this writ petition, seeking to quash the order dated 29.09.2011 of the second respondent and for a consequential direction to the respondents to give her appointment in any suitable post on compassionate grounds, consequent on the death of her father.

6. Heard both sides.

7. The petitioner has placed heavy reliance on the Government Letter No.39924/Q1/95-1 Labour and Employment Department, dated 11.10.1995 and a judgment of mine dated 09.08.2011 made in W.P.No.7565 of 2011.

8. The learned counsel for the petitioner has submitted that the three year limitation period was introduced by the Government in G.O.Ms.No.120 Labour and Employment, dated 26.06.1995. Prior to the said Government Order, there was no limitation that application for compassionate appointment should be made within three years from the date of death of government servant. In case of death of a government servant which took place prior to 26.06.1995 viz., the date of issuance of G.O., the applications should be made within three years from 26.06.1995.

9. Subsequent to the issuance of G.O.Ms.No.120 Labour and Employment, dated 26.06.1995, the Government issued a letter in Letter No.39924/Q1/95-1 Labour and Employment Department, dated 11.10.1995, to the effect that the time limit of three years period specified in the said Government Order, dated 26.06.1995, was applicable only to the dependants of the Government Servants, those who died while in service on or after 26.06.1995 and the above said GO is not applicable to the past cases.

10. Relying on the aforesaid Government Letter dated 11.09.1995, I have allowed the writ petition vide order dated 09.08.2011 in W.P.No.7565 of 2011, since the claim for compassionate appointment was rejected on the ground that the same was made beyond three years after the death of the Government Servant. In that case, the death of the Government took place before 26.06.1995.

11. The learned Special Government Pleader has submitted that the Government has issued another letter in Letter (Ms) No.202, dated 08.10.2007, making it clear that limitation prescribed in G.O.(Ms).No.120 Labour and Employment Department, dated 26.06.1995 would continue to operate. The said letter of the Government dated 08.10.2007 is extracted hereunder:-

"Sub : Public Services-Scheme of compassionate ground appointment – Time limit to present application – Time limit fixed – instructions issued.

Ref : 1) G.O.(Ms)No.120 Labour and Employment Department, dated 26.06.1995.

2) Govt. Letter No.39924/Q1/1995-1, Labour and Employment Department, dated 11.10.1995.

3) From the Collector of Tirunelveli, D.O.Letter ROC.No.A.4/105795/2002 dated 28.09.2003, addressed to the Special Commissioner and Commissioner of Revenue Administration, Chennai -5.

4) From the Special Commissioner and Commissioner of Revenue Administration, Chennai -5, Letter No.1C4/47209/2003, dated 13.1