ORDER

This Writ Petition has been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent culminating in his impugned communication bearing Na.Ka.No.6703/2020/K.3 dated 08.04.2022, forwarded to the petitioner through the 3rd respondent, rejecting the petitioner's claim for compassionate ground appointment upon the demise of his Late father Mr.A.Elangovan, who died in harness on 11.08.2020 while he was working as Deputy Block Development Officer (Block-I), Pappireddipatti Panchayat Union, Rural Development and Panchayat Raj Development, Dharmapuri District, quash the same and to direct the 2nd respondent to provide compassionate appointment to the petitioner for a post in C and D Groups, within a stipulated time to be fixed by this Court.

2. According to the petitioner, the petitioner's father was serving as Deputy Block Development Officer (Block – I) in Pappireddipatti Panchayat Union, Rural Development and Panchayat Raj Department, Dharmapuri District and he died in harness on 11.08.2020 leaving behind his mother, his first wife viz.,Savithri, his second wife viz., Rajajehwari, Elayamathi and Indhumathi children born to his first wife/Savithri and Elayaragavan, Bharath and Sandhiya children born to his second wife/Rajeshwari. According to the petitioner, the petitioner's father had two wives. At the time of petitioner's father died, while he was in service, the petitioner's family was in indigent circumstances without any financial support. The petitioner's family are depending only on the income of the petitioner's father.

3. According to the petitioner, the other legal heirs of the deceased petitioner's father had given their no objection letters for providing employment to the petitioner under compassionate ground. Based on that, the petitioner submitted an application along with necessary records through the office of the 3rd respondent seeking appointment under compassionate ground. As per the Government Orders, the said application was submitted within a period of three years. Thereafter, the 3rd respondent by his communication dated 30.11.2021 has forwarded the said proposal to the 2nd respondent and recommended to give appointment to the petitioner under compassionate ground. Thereafter, the petitioner has received the rejection order passed by the 2nd respondent in Na.Ka.No.6703/2020/K.3, dated 08.04.2022, which is under challenge in the instant writ petition.

4. The learned counsel appearing for the petitioner submitted that the 2nd respondent has rejected the application of the petitioner for the reason that the petitioner is the son of the second wife of the deceased employee. Therefore, he is not entitled for compassionate appointment.

The said reason is unsustainable and in violation of the principles of natural justice. He also relied upon the following decisions of this Court as well as the Hon'ble Supreme Court, (i) In Geetha Ramani vs. District Educational Officer, Kancheepuram and others, reported in 2004 (4) L.L.N. 235.

(ii) In N.Panneerselvam vs. The Secretary to Government and others, reported in 2008 (6) CTC 806.

(iii) In Chennai Metro Water Supply and Sewerage Board vs.

V.Sureshbabu, reported in 2016 (4) LW 613.

(iv) In Union of India and Others vs. Smt.M.Karumbayee and another (W.P.No.36981 of 2015, dated 28.02.2017).

(v) In Union of India and another vs. V.R.Tripathi, reported in

2019 (14) SCC 646.

(vi) Mukesh Kumar and another vs. Union of India and others (SLP (C) No.18571 of 2018, dated 24.02.2022).

5. According to the learned counsel appearing for the petitioner, the law laid down by this Court as well as the Hon'ble Supreme Court in the aforesaid decisions that the children born from the second wife of a deceased employee, is entitled for compassionate appointment. He further submitted that in the light of the aforesaid decisions, the petitioner is entitled for compassionate appointment on the death of his father.

6. The learned Additional Government Pleader