ORDER

1. The prayer sought for herein is for a writ of certiorari calling for the proceedings of the third respondent in its Na.Ka.No.1031/2012/TP2 dated 23.8.2012 communicating the order of the first respondent in its Letter No.10959/TP-1/2010-10 dated 04.11.2011 and quash both orders.

2.The petitioner's father one Mohammed Syifullah Baig was working as Head Clerk at Bargur Selection Grade Town Panchayat, Krishnagiri District. While so, he died in harness on 04.06.1996 leaving behind the legal heirs including the petitioner who is the son of the deceased employee.

3.Since the head of the family, who is the sole breadwinner of the family, suddenly died, the family of the deceased employee where the petitioner is the member was left in lurch, therefore, on 14.12.1998 an application was submitted by the petitioner for consideration of his candidature for compassionate appointment. No doubt, at that time, he passed only 8th standard.

4.The said application having been received was kept in process for longer time by the respondent Department and ultimately, the same was considered only in the year 2009, accordingly, the third respondent District Collector vide proceedings dated 27.08.2009 has given the compassionate appointment to the petitioner, whereby he was appointed as Junior Assistant at the vacant post of the Junior Assistant, which was available at the time in the same Town Panchayat viz., Bargur Town Panchayat.

5.Accordingly, the petitioner joined in the said service and had been working as such for two years. However, after working for two years, on 04.11.2011 the first respondent i.e., the Secretary to Government, Municipal Administration and Water Supply Department has communicated to the Director of Town Panchayats that the appointment on compassionate ground given to the petitioner to the post of Junior Assistant was irregular because at the time of application made by the petitioner, he was not having the qualification to hold the post of Junior Assistant. Therefore, while considering the compassionate appointment, of course at a later point of time, only based on the qualification that was available with the petitioner at the time of making application alone should have been taken into account.

Accordingly, the compassionate appointment given to the petitioner to the post of Junior Assistant has to be rectified and he shall be given posting on compassionate ground only in consonance with the educational qualification that he was already having at the time of making the application.

6.Pursuant to the said directives issued by the first respondent vide proceedings dated 04.11.2011, the third respondent, by impugned order dated 23.08.2012, has cancelled the earlier appointment given to the petitioner to the post of Junior Assistant and he has been reappointed only as Office Assistant at the very same Town Panchayat.

7.Felt aggrieved over the said order of cancelling the earlier appointment and making the re-appointment to the petitioner to the post of Office Assistant by order dated 23.08.2012 passed by the third respondent, the petitioner has moved this writ petition with the aforesaid prayer.

8.Heard Mr.V.Vijay Shankar, learned counsel appearing for the petitioner, who would submit that, though the application was made sometime in 1998 i.e., after the death of the father of the petitioner and at the time, the petitioner admittedly was having only the qualification of 8th standard, the application was not immediately considered and at the time of considering the application of the petitioner for making compassionate appointment in the year 2009, as in between the petitioner has cleared the other qualification of 10th standard (SSLC), that was also taken care of or taken into account by the third respondent who was the appointing authority and accordingly, as per the educational qualification or in commensurate with the same that the petitioner was holding at the time of consideration of his application for compassionate appoi