S. MANIKUMAR, J.

1. Being aggrieved by the order made in W.P. (MD) No. 8423 of 2008, dated 12.11.2014, quashing the proceedings in O. Mu. No. 3244 of 2007, dated 06.09.2007, on the file of the District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District, respondent herein, with a direction to the appellant to provide employment assistance, to the respondent on compassionate grounds, subject to satisfying the qualification, prescribed for the post, the present appeal has been filed.

2. Facts as deduced from the supporting affidavit to the writ petition and the materials on record, are that respondent's father was working as a sweeper in Sankar Reddiar Government Higher Secondary School and died on 12.12.1995, in harness. He was married to one Esakkiammal and through her, he had three male children. His marriage with the first wife ended in divorce. At the time of filing of the writ petition, he was aged 28 years. The other two sons, Thiru. Sombukutti and Thiru. Paramasivan, born through the 2nd wife Lakshmi, 2nd wife were aged 25 and 19 years, respectively.

3. The respondent/writ petitioner has submitted an application to provide employment assistance on compassionate appointment, along with necessary documents, viz. (i) School Certificate, (ii) No Objection Certificates from his mother, brothers and step brothers, (iii) Declaration of the respondent to work anywhere in Tamil Nadu, (iv) Legal Heir Certificate and (v) Certificate from the Tahsildar that his family does not have any other property, other than a house, worth Rs. 5,000/-. At that time, his step brother, Thiru. Mayandi, was working as a Sanitary Worker in Kalakadu Town Panchayat. The Tahsildar, vide Certificate, dated 21.03.2001, has certified that the said Thiru. Mayandi was living separately and not supporting the family of the respondent in any manner. The respondent's family continued to live in indigent circumstances.

4. Despite satisfying the requirements for employment assistance on compassionate grounds, citing G.O.Ms. No. 560, Labour and Employment Department, dated 03.08.1977, the appellant, vide order in O. Mu. No. 3244 of 2007, dated 06.09.2007, rejected the application of the respondent. Hence, the writ petition.

5. By filing a counter affidavit, the appellant has opposed the prayer, for employment assistance on compassionate grounds, inter alia contending that, as per the conditions imposed in G.O.Ms. No. 998, Labour and Employment, dated 02.05.1981, if there is already an earning member in the family of the Government servant, who died in harness, other dependants are not eligible for compassionate appointment. However, the said condition was relaxed to a limited extent in G.O.Ms. No. 155, Labour and Employment Department, dated 16.07.1993, to the effect that if such an earning member in the family is living separately, without extending any help to the family of the bereaved Government servant, then the case of other eligible dependants can be considered.

6. Before the Writ Court, contention has also been raised that as per G.O.Ms. No. 49, Personnel and Administrative Reforms Department, dated 14.05.2002, the minimum educational qualification for the post of office assistant is a pass in VIII Standard, whereas, the respondent petitioner has passed only 3rd Standard and failed in 4th Standard. The appellant has further contended that though the respondent has submitted a Certificate from the Tahsildar that his step brother, Thiru. Mayandi was living separately and that there was no assistance or support from him, Smt. Lakshmi, 2nd wife of the deceased Government servant, has not reported that she was not receiving any help from the said Thiru. Mayandi. Likewise, Thiru. Mayandi has not given any statement to the effect that he is not extending any help to the family of Tmt. Lakshmi, the 2nd wife of the deceased Government servant and therefore, it could not be ascertained as to whether the said Thiru. Mayandi, was extendin