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2021 Supreme(Mad) 1289

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
S. Subha - Petitioner
Versus
District Collector, Ariyalur, Ariyalur District & Ors. - Respondents
Writ Petition No. 26270 of 2015
Decided On : 26-03-2021

Advocates Appeared:
For the Petitioner: Mr. S. Vijayan.
For the Respondent: Mr. R.S. Selvam, GA.

Headnote:

Employment and Service matter - Qualification - Appointment on compassionate grounds – Seeking direction to respondents to provide employment to Petitioner on Compassionate grounds in any suitable post according to her qualification within a time limit to be stipulated by this Court - Case of petitioner that her father Subramanian died on 22.08.1990, while working as Village Administrative Officer in Revenue Department, leaving behind his daughter / petitioner and wife / her mother as legal heirs. Within period of limitation, Petitioner's mother submitted an application on 30.03.1992 to consider her for appointment on Compassionate grounds. While so, one Parvathi claiming herself to be second wife of deceased Government servant, also made an application to respondents seeking compassionate appointment - Held, Petitioner was minor at the time of death of her father and case of her mother was not considered due to rival claims and therefore, applying terms and conditions laid down in the said Government Order, rejection of petitioner's application seeking compassionate appointment as time barred, is perfectly correct and same does not require any interference by this Court - Appointment on compassionate basis has to be strictly followed in accordance with relevant G.O.'s or the Scheme that has been framed by the employer. Any deviation from Scheme is not permissible - Writ petition dismissed

ORDER :

Heard both sides and perused the documents enclosed in the typed set of papers.

2. The prayer made in this writ petition is to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned orders passed by the First Respondent in O.Mu/A1/11727/2010 dated 16.08.2010 and also the order in Na.Ka.A3/8181/2014 dated 27.04.2015, and to quash the same and consequently direct the respondents to provide employment to the Petitioner on Compassionate grounds in any suitable post according to her qualification within a time limit to be stipulated by this Court.

3. It is the case of the petitioner that her father Subramanian died on 22.08.1990, while working as Village Administrative Officer in the Revenue Department, leaving behind his daughter / petitioner and wife / her mother as legal heirs. Within the period of limitation, the Petitioner's mother submitted an application on 30.03.1992 to consider her for appointment on Compassionate grounds. While so, one Parvathi claiming herself to be the second wife of the deceased Government servant, also made an application to the respondents seeking compassionate appointment. On receipt of those applications, the second respondent called the petitioner's mother and the said Parvathi for enquiry and directed them to establish their right and get a decree from the competent civil court. Accordingly, a suit in O.S.No.529 of 1999 came to be filed before the learned District Munsif, Perambalur, which ended in favaour of the petitioner's mother on 15.11.2009. Subsequently, she submitted an application on 02.08.2010 seeking employment on compassionate ground to the petitioner, which was rejected by the first respondent vide proceedings dated 16.08.2010, stating that the petitioner has not attained majority at the time of death of her father and she has not made the application within the limitation period of 3 years. On attaining the age of majority, the petitioner made another application to the first respondent seeking compassionate appointment, which was also rejected by order dated 27.04.2015 by the first respondent, on the ground that she has not made the application within 3 years from the date of death of her father, as per G.O.Ms.No.120 Labour and Employment Department dated 26.06.1995. Feeling aggrieved, she has come up with this writ petition for the aforesaid prayer.

4. The learned counsel for the petitioner has specifically contended that when the petitioner's mother has made an application for appointment on compassionate grounds in time as earlier in the year 1992 i.e., within the limitation period of 3 years, which was not considered and she was directed to produce a civil court judgement, by the proceedings of the third respondent dated 07.10.1996 and hence, the subsequent application made by the petitioner seeking compassionate appointment on attaining the age of majority, should be treated as continuous process of the earlier one and she should have been provide a job under the compassionate grounds. Thus, according to the learned counsel, the orders impugned herein, rejecting the claim of the petitioner seeking compassionate appointment on the ground that she has not made the application within a period of three years from the date of death of her father, are erroneous, arbitrary and illegal and the same are liable to be set aside.

5. On the other hand, the learned Government Advocate appearing for the respondents, referring to the Government Order issued in this regard, submitted that the application seeking compassionate appointment should be made within a period of three years from the date of death of the deceased Government servant and hence, the orders impugned herein are perfectly valid in law and the same do not call for any interference by this court.

6. From the pleadings and submissions made and the materials produced on either side, it could be seen that the petitioner's father died on 22.08.1990 while he was in service. The petitioner's mothe

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