Compassionate appointment claims by minors at employee's death considered within 3 years of attaining majority.

For Petitioner(s): Mr.M.Sasikumar For Respondent(s): Mr.K.Purushothaman, Standing Counsel ORDER The petitioner has filed the present writ petition seeking a direction to the 1^st respondent to consider the Appeal/representations dated 08.11.2021 and 17.02.2023 for appointment on compassionate ground as per Rule 6 of the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023.

2. It is the case of the petitioner that her father, S. Perumal, was working as Foreman Grade-I in the office of the Assistant Engineer, O&M, Peraiyur, under the control of the 3^rd respondent. While he was in service, he died on 26.06.2015 at the age of 48, leaving behind his wife and four daughters, including the petitioner. Since the petitioner was a minor at the time of her father’s death, her mother submitted a representation on 18.04.2015 to the 3^rd respondent seeking appointment on compassionate grounds to the petitioner after she attained majority. Thereafter, the representation dated 18.04.2018 was considered by the 3^rd respondent but the same was rejected on the ground that the petitioner had not completed 18 years of age within three years from the date of death of her father.

3.According to the petitioner, at the time of her father’s death, she was studying 9^th Standard. She had completed 12th Standard in 2017 and thereafter joined a Diploma course in Electronics and Communication Engineering (ECE) and completed the same in 2020. Subsequently, the petitioner’s mother submitted another representation on 20.03.2021, and also approached the Chief Minister’s Cell seeking consideration of the petitioner’s claim. However, the 3^rd respondent, by communication dated 25.04.2023, returned the application stating that the request was made belatedly.

4. It is the case of the petitioner that after attaining majority on

29.03.2019, her mother made appeal/representations on 08.11.2021 and 17.02.2023 to the first respondent seeking appointment on compassionate grounds, but no orders have been passed to date. The petitioner would contend that the rejection of her request is contrary to the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, and Board Proceedings No.46 dated 13.10.1995, which prescribe that applications can be considered when submitted within three years from the date of attaining majority in cases where the dependent was a minor at the time of the employee’s death.

5. According to the petitioner, since her mother had already made an application within three years from the date of death of the employee, and since the petitioner also made appeals/representations after attaining majority, the rejection of her claim on the ground of delay is arbitrary. Therefore, the petitioner has approached this Court seeking the relief stated supra.

6. Heard the learned counsels on either side and perused the materials available on record.

7. Considering the facts and circumstances of the case, this Court directs the 1^st respondent to consider the petitioner’s Appeals/representations dated 08.11.2021 and 17.02.2023 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of. No costs.