Compassionate appointment should strictly adhere to relevant Government Orders and schemes, and is intended to alleviate the financial hardship faced by the family of the deceased breadwinner.

JUDGMENT :

M. DHANDAPANI, J.

Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records and quash the impugned order issued by the first respondent in his Letter No. 4745/Sa-Na/4-2/2017-5, dated 27.06.2017, on the ground that the same is arbitrary, illegal and consequently, direct the respondents to appoint the petitioner in any one of the suitable post on compassionate ground within a time to be stipulated by this Court.

1. This Writ Petition is filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records and quash the impugned order issued by the first respondent in his Letter No. 4745/Sa-Na/4-2/2017-5, dated 27.06.2017, on the ground that the same is arbitrary, illegal and consequently, direct the respondents to appoint the petitioner in any one of the suitable post on compassionate ground within a time to be stipulated by this Court.

2. The case of the petitioner is that the petitioner's father was working as a Noon Meal Organizer at Government Middle School in Kurunthan Code Panchayat Union, Kanyakumari District and he died while he was in service, on 14.08.2005, leaving behind the petitioner, his mother and his sister, as legal heirs. At the time of the death of petitioner's father, the petitioner and his sister were minors. In the year 2007, the petitioner's mother sent an application seeking compassionate appointment to the petitioner. The third respondent sent a reply, dated 26.04.2007, by directing the petitioner's mother to send another application, after attaining the majority of the petitioner, through the fourth respondent. Immediately after attaining the majority, the petitioner sent an application on 09.07.2012 to the third respondent through the third respondent seeking an appointment on compassionate ground. Further, on 19.08.2014, the third respondent sent a letter to the petitioner to produce all the relevant documents. As the direction of the third respondent, the petitioner has submitted all the necessary documents on 01.09.2014. Thereafter, the said application was forwarded to the second respondent on 04.02.2015. Even thereafter, no order was passed. Hence, the petitioner has filed a writ petition in W.P. (MD) No. 17120 of 2016 and this Court, vide order dated 09.09.2016, has issued a direction to the first respondent therein to consider the representation of the petitioner in the light of G.O.Ms. No. 198, dated 25.10.2007 and in the light of the order of this Court, dated 11.03.2015, made in W.P. No. 24005 of 2014. Thereafter, the said representation made by the petitioner was rejected on the ground that when female member is available for the post of Noon Meal Organizer, a male member cannot be appointed as Noon Meal Organizer. It is also submitted that the petitioner's sister has got MBA graduation. Challenging the order of rejection, the present writ petition is filed by the petitioner.

3. Learned Counsel appearing for the petitioner would submit that though the petitioner's father died in the year 2005, within a period of three years from the date of death of his father, an application was made by the petitioner's mother seeking compassionate appointment and since it was informed that after attaining the majority of the petitioner, an application could be sent through the fourth respondent, immediately after attaining majority, the petitioner made an application seeking compassionate ground appointment. However, the said application was rejected on the ground that when the female family member is available for the post of Noon Meal Organizer, male member cannot be appointed as Noon Meal Organizer on compassionate ground.

4. Learned Counsel for the petitioner would further submit that a very same issue came up for consideration in W.P. No. 24005 of 2014 and this Court, vide order dated 11.03.2015 directed the first respondent therein to provide compassionate appointment to the male member of the famil