Judgment :- 1. The writ petitioner has prayed for the issue of a writ of certiorarified mandamus calling for the entire records connected with the impugned order of the 2nd respondent in Lr.No.SE/NP 3/Asst-6/Ko.Va.Ve/251/97-(7) dated 19.12.1997 quash the same and direct the respondents herein to appoint the petitioner has helper on compassionate ground as per the Board Proceedings in B.P. (FB) No.2 (Administrative Branch) dated 11.1.1993 and pass such further or other orders. 2. With the consent of counsel on either side this writ petition itself is taken up for final disposal on 28.3.2003 . Heard Mr.S.N.Ravichandran, learned counsel appearing for the petitioner and Ms.Lakshmi, learned counsel appearing for Mr.Radhakrishnan, for the respondents. 3. The petitioner's father, Masilamani, while he was working as Junior Engineer in the Tamil Nadu Electricity Board, died in harness on 17.6.96. The petitioner, who has studied upto 7th standard had to discontinue due to poverty and family circumstances and with meagre income, the mother is unable to maintain the family. The petitioner applied to the 2nd respondent on 5.12.96 for employment on compassionate ground. The petitioner complied with the requirements. The 2nd respondent denied compassionate appointment by communication dated 19.12.97 on the sole ground that the petitioner has not passed 8th standard. According to the Board's circular dated 11.1.93, for appointment on compassionate grounds, women or dependants of employee, who died in harness, the Board has to engage them on a consolidated wages, provided the applicant has passed 4th standard and such engagement has to be for a period of three years training and, thereafter, as helper. Ignoring the said circular, the order impugned has been passed. There is no nexus between the reasons in relaxing the minimum qualification in the case of dependants of the employees, who die in harness and the refusal to give employment on the ground that the dependant has not passed 8th standard is arbitrary. Hence, the petitioner has challenged the proceedings of rejection passed by the 2nd respondent on 19.12.97 as violative of Article 14 and 21 of The Constitution. The petitioner claims that he has joined a private tutorial college and appeared for ESLC examination and waiting for the results. The petitioner also relies upon an order passed by this Court in W.P. No.18979 of 1997, where the writ petitioner Chandra, who was identically placed has been directed to be appointed on compassionate grounds. 4. The petitioner claims that he has joined a private tutorial college and appeared for ESLC examination and waiting for the results. The petitioner also relies upon an order passed by this Court in W.P. No.18979 of 1997, where the writ petitioner Chandra, who was identically placed has been directed to be appointed on compassionate grounds. 4. The first respondent filed a counter on behalf of the respondents. It is submitted that as per orders of Board in B.P. (FB) No.24 dated 15.5.90, the male dependants of the deceased employees of the Board who possess the qualification of VIII standard are appointed as helper/trainee subject to availability of vacancy in the post of helper and female dependant who have passed VIII standard are also appointed as Office Helper/Trainee subject to availability of vacancies. 5. It is also submitted that it has been represented that the dependants of the employees of the Board, who die in harness due to accident during employment and as a result of their normal duties are not appointed for the reason that they do not possess the required educational qualification, that in the cases of the dependants of the employees, who die in harness due to accident during and as a result of their normal duties cannot also be expected to complete studies and seek employment assistance and that such dependants can be considered in the Board for appointment under compassionate grounds in relaxation of qualifications. 6. The petitioner's father died in harness. The petitioner discontinued 7th standard. The case of the petitioner's father falling under natural cause of death, relaxation order in Board's circular dated 11.1.93 of passing of 4th standard cannot be extended to the case of the petitioner. Since the petitioner is not possessed of the minimum qualification for appointment, his case was rejected. The petitioner is not entitled to the relief of certiorarified mandamus prayed for and no interference is called for with the order passed. 7. The points that arise for consideration in this writ petition are :- "i) Whether the refusal to provide appointment on compassionate ground for the petitioner is arbitrary and liable to be interfered ? ii) Whether the petitioner is entitled to a writ of mandamus as prayed for ? iii) To what relief, if any, the petitioner is entitled to ?" All the above points could be considered together. 8. ii) Whether the petitioner is entitled to a writ of mandamus as prayed for ? iii) To what relief, if any, the petitioner is entitled to ?" All the above points could be considered together. 8. There is no dispute as to the facts. The only ground on which the petitioner has been denied appointment on compassionate ground being that he is not possessed of the minimum qualification required. Concedingly, the petitioner has discontinued 7th standard. In the present case, the petitioner's father died on 17.6.96. Therefore, the claim of the petitioner has to be considered in the light of the circular that governs. 9. The Board's circular dated 25.6.89 provides for appointment on compassionate ground provided the dependant has passed 8th standard and such dependant could be engaged as helper (trainee) on a consolidated wages for a period of three years and they will be absorbed as regular office helper subject to satisfactory completion of training. Subsequently by Board's circular dated 11.1.93 relaxation was granted in favour of the dependants of employees, who died while in service due to accident during and as a result of their normal duties, and possessed of 4th standard and above shall be engaged on consolidated wages of Rs.500/= as helper (trainee). Such relaxation is in favour of dependants of those employees, who died due to accident in the course of employment. By Board's proceedings dated 2.11.93, the Board adopted G.O. Ms. No.155 Labour and Employment dated 16.7.93, which Government Order, lays down the guidelines with respect to indigent circumstances and providing appointment of a member of the family of the employee. 10. Subsequently, by another Board proceedings dated 28.4.99, by supersession of its earlier resolutions/circulars the Board ordered that qualifications for appointment on compassionate grounds for the post of helper (trainee) and office helper (trainee) shall also be the same as per the qualification prescribed in the service regulation for appointment for the post by direct recruitment and the said circular shall apply to all pending cases. Thus, according to the Board's circular dated 26.4.99, which provides a scheme of employment on compassionate grounds. The minimum qualification prescribed for the post of helper being passing 8th of standard, the petitioner, unless he possess the said qualification, the respondent cannot be compelled to appoint him even on compassionate grounds. Thus, according to the Board's circular dated 26.4.99, which provides a scheme of employment on compassionate grounds. The minimum qualification prescribed for the post of helper being passing 8th of standard, the petitioner, unless he possess the said qualification, the respondent cannot be compelled to appoint him even on compassionate grounds. The very appointment on compassionate grounds is a relaxation and the dependant, if at all could be taken as trainee for a fixed period and on successful completion being offered employment. To seek for further relaxation, the scheme as it stood on the date of death and subsequently do not provide for such a relaxation. 11. The petitioner relied upon an order passed by this Court in W.P. No.18979 of 1997, where the employee died on 8.11.95 and on the date when the respondent rejected the application, the scheme enabled relaxation of qualification in such cases provided, if the employee died while in service as a result of an accident in the course of work. The order passed in the said writ petition is factually distinguishable and it has no application to the facts of the present case. Therefore, on the facts of the case, it cannot be held that the order impugned is liable to be quashed. 12. However, in the present case it is claimed that the petitioner has appeared for ESLC examination even before filing of the writ petition. If the petitioner has acquired the said qualification or any higher qualification, the petitioner may make a representation to the 2nd respondent forwarding a copy of the passing ESLC and if the petitioner has already acquired the qualification as prescribed, the 2nd respondent may consider the petitioner's request de novo for compassionate appointment and pass orders within four months from the date of receipt of such application. 13. This writ petition is disposed of with the above direction. No costs.