The regularization of service qualifies a dependent for compassionate appointment, irrespective of the father's special pay scale.

ORDER :

(C.V. KARTHIKEYAN, J.)

The writ petition has been filed in the nature of a certirorified mandamus calling for the records records relating to the order passed by the second respondent dated 05.03.2025 and quash the same and direct the first respondent to consider the application of the petitioner for compassionate appointment to the post of forest watcher/forest guard or any other suitable posts.

2. In the affidavit filed in support of this writ petition, it had been stated that the father of the petitioner was appointed as plot watcher on daily rated basis on 01.04.1983. Thereafter, his service was regularised as plot watcher, a supernumerary post by the Government vide G.O.(Ms.).No.95, Environment and Forest Department dated 07.08.2009. The father of the petitioner died while in service on 19.12.2016. The petitioner had given an application seeking compassionate appointment. The application for compassionate appointment was made on 18.12.2017. The application was rejected by the second respondent stating that since the father was working under special time scale of pay, there is no provision for appointment on compassionate basis. The same was denied. Questioning that denial, this writ petition has been filed.

3. The learned counsel for the petitioner however placed reliance on G.O.(Ms).No.13, Environment and Forest Department, dated 26.03.2018 wherein the case of the father of the petitioner and 65 others were examined. They had been discharged work on daily rated basis for more than 10 years and therefore, their services were regularised on special time scale of pay. In the annexure of the said Government Order, the name of the father also found.

4. In the counter affidavit filed by the third respondent, however, it had been stated that the father of the petitioner was working from daily wages to supernumerary plot watcher on 07.08.2009 and therefore, the petitioner was not entitled to seek employment on compassionate grounds.

5. But however, the counter is silent on the effect of GO(Ms.)No.13, Environment and Forest Department, dated 26.03.2018 wherein very specifically the name of the father was given. The said Government Order had been passed after examining the facts and circumstances and also noting that the names of those individuals who had completed more than 10 years of service as a daily basis. It is under those circumstances, a decision had been taken to regularise their services on special time scale of pay. The two phrases used are “regularisation of service” and “special time scale of pay”. The key word is however regularisation of service. This would indicate that the father had been regularised as a Government Servant as defined in the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules 2023. The word Government Servant had been defined as follows:

“(d) “Government Servant” means a person who has been appointed to any service or post in connection with the affairs of the State and includes a probationer, an approved probationer and a full member of a service:

Provided that the following persons shall not be considered as a Government servant for the purpose of these rules, namely:-

(i) a person who is retained in service under clause (c) of sub-rule (1) of rule 56 of the Fundamental Rules;

(ii) a person who is on extension of service or re-employment;

(iii) a person who is appointed on casual, ad-hoc or contract basis consolidated pay or daily wages;

(iv) a person who is not placed under regular time scale of pay; and

(v) a person who is appointed to any post on special time scale of pay.

Explanation.- A Government servant whose services are placed at the disposal of a company, corporation, organizaton, local authority, another State Government or the Union Government shall, for the purpose of these rules, be deemed to be a Government servant, notwithstanding that his salary is drawn from sources other then the Consolidated Fund of the State;”

6. The learned Special Government Pleader placed rel