ORDER

This Writ Petition has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.1640/A1/2019 dated 20.06.2019 by confirming the order passed by the 3rd respondent in Na.Ka.No.2393/A1/2018 dated 19.06.2018 and quash the same and consequently, direct the respondents to provide suitable employment to the petitioner on compassionate grounds.

2. Heard Mr.S.N.Ravichandran, learned counsel for the petitioner and Mr.T.Arunkumar, learned Government Advocate appearing for the respondents.

3. The brief facts of the case are as follows:

The petitioner's father N.Mathan was working as B.T.Assistant in the Government High School, Sethumadai and died on 22.08.2013 due to heart attack while in service. The petitioner's mother made a representation to the third respondent through the Head Master of the School where the petitioner's father had worked and requested to appoint her on compassionate ground and the same was forwarded to the third respondent on 27.11.2013.

3.1. Later the petitioner's mother met with an accident and got fracture over her right leg and became immobilized. Therefore, her mother made a request for giving compassionate appointment to the petitioner. The third respondent vide his order dated 19.06.2018 rejected the claim of the petitioner on the ground that there is no rule or provision to consider the second application when already an application has been made for compassionate appointment and the same has also been confirmed by the 2nd respondent. The impugned orders of the 2nd and 3rd respondents have been challenged in the present Writ Petition.

4. The learned counsel for the petitioner cited various decisions of this Court which is applicable to the case on hand.

5. The second respondent filed a counter and stated that the petitioner is a married daughter of the deceased employee. So, she could not be considered for employment on compassionate ground.

6. There is no bar for the married daughter of the deceased employee to apply for an appointment on compassionate ground. The position has been well settled by the Hon'ble Supreme Court in the case of State of Karnataka Vs. Apoorva Shree and another decided on 22.03.2021, wherein, it is stated that the married daughters are eligible for appointment on compassionate grounds and their status as 'married'

cannot be considered as a disqualification.

7. It is not denied that the petitioner and her daughter are the only legal heirs of the deceased employee. However it is submitted by the learned Government Advocate appearing for the respondents that as per the comprehensive guidelines issued by the Government of Tamil Nadu in G.O.Ms.No.18, Labour and Employment (Q1) Department dated 23.01.2020 with regard to alternative application, there is no scope to consider the request of the petitioner. The relevant guidelines read as under:

"If the applicant (legal heir of deceased Government Servant) died after applying for compassionate ground appointment, an alternative application may be accepted from the another legal heir of the deceased Government servant, subject to conditions prescribed for compassionate ground appointment."

8. The first legal heir and the wife of the deceased Government Servant had already submitted an application which is still alive and she has not withdrawn the same. The difficulty for the respondents is that the petitioner's mother who had submitted an application at the initial stage has not yet withdrawn the same. After filing the application, the petitioner's mother met with an accident and in view of the same, she is not able to take up the appointment even if it is offered to her. The petitioner's mother does not have any objection to consider her daughter's application in lieu of her application. The Government Rules state that the alternative application can be received only in the event of the death of the first applicant. However, the phys