ORDER

The present writ petition has been filed for a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the second respondent in N.M.No.4979/A1/2021, dated 05.04.2022 and quash the same as illegal and consequently direct the second respondent to appoint the petitioner under compassionate ground in the office of the second respondent.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate for the respondents and carefully perused the materials available on record.

3. The petitioner's father was working as a Physical Education Teacher at Virudhunagar under the second respondent. While in service, on 31.03.2014, he passed away. He was survived by the petitioner's mother, the petitioner and her sister. The petitioner's elder sister Pradeepa's husband passed away and along with her two minor children she is residing with the petitioner and her mother as of now from the date of death of her husband. The petitioner's mother submitted an application for compassionate appointment for the petitioner on 15.12.2014 to the second respondent. The petitioner's mother was serving as a Teacher for a period of 6 years and 8 months and on attaining her age of superannuation, she retired from service on 30.06.2014, (i.e.,) within three months from the date of death of the petitioner's father. At the time of submitting the application seeking appointment on compassionate ground, the petitioner's mother had retired from service and no other person from the family of the petitioner are working either in Government or private sectors. While so, the impugned order, dated 05.04.2022, rejecting the petitioner's application seeking compassionate appointment, on the ground that on the date of death of her father, the petitioner's mother had been in service. Assailing the same, this writ petition came to be filed.

4. The learned Government Advocate for the respondents have filed counter and he submitted that since the petitioner's mother was working on the date of death of the employee, in terms of G.O(Ms)No.998 of the Labour and Service, dated 02.05.1981, the petitioner's request for granting appointment on compassionate ground could not be positively considered and hence, the same was rejected and on that basis, sought for dismissal of this writ petition.

5. However, in the facts and circumstances of the instant case, the same in no more res integra and this Court in a similar case in W.P.No.3261 of 2021 (S.Archana Vs. The Secretary to Government, School Education Department, Fort St. George, Chennai-9), dated 21.06.2023 has passed favorable order to the petitioner thereat and the relevant portion of which is extracted as follows:

"13. ............In the meanwhile, the State Government has issued G.O(Ms)No.18 Labour and Employment (Q1) Department, dated 23.01.2020. A copy of the aforesaid Government Order is placed before this Court. It is stated in the said Government Order that the scheme of Compassionate Ground appointment was introduced by the Government in the year 1972, and the salient features of the scheme is extracted hereunder:-

“Employment is to be provided by relaxing the normal procedure of recruitment through employment exchanges to the legal heirs of the Government Servants who dies in harness leaving his family in indigent circumstances.

It is a welfare measure of the Government to help the legal heirs of the deceased Government Servants appreciating their service rendered by them for the Government.

Compassionate Ground appointment cannot be claimed as a matter of right. It is a scheme devised by the Government to help the needy legal heirs whose lives are at distress after the Government Servants dies in harness.”

14. It appears in compliance of the order dated 19.06.2019, in writ petition in W.P(MD)No.20900 of 2015 of the Madurai Bench of Madras High Court and some other orders passed by the High Court Madras, the State Government has examined the whole issue of Compassionate