Selvi. S. Emalda Mary v. Director of School Education & Another
2006-03-02
N.PAUL VASANTHAKUMAR
body2006
DigiLaw.ai
Judgment :- (This writ petition came to be numbered by way of transfer of O.A.No.4308 of 2001 from the file of Tamil Nadu Administrative Tribunal with a prayer to call for the records pertaining to the order passed by the first respondent in his proceedings O.Mu.No.54924/J3/2000 dated 21.7.2000 and set aside the same and direct the respondents to appoint the petitioner on compassionate ground as Junior Assistant.) Prayer in the writ petition is to quash the order passed by the first respondent in his proceedings O.Mu.No.54924/J3/2000 dated 21.7.2000 and direct the respondents to appoint the petitioner on compassionate ground as Junior Assistant. 2. Petitioner’s mother, while working as Secondary Grade Teacher in the Panchayat Union Elementary School, Virayathakandan, Illayangudi Union, died on 7.10.1995 and the petitioner is the only legal heir. Petitioner passed Plus Two examinations and she made a representation for compassionate appointment as her mother died while in service and on the ground that the family of the petitioner is in indigent circumstance. Petitioner had filed a certificate dated 12.1.1996 issued by the Tahsildar, Ilayangudi, wherein it is stated that the petitioner is not having any movable and immovable properties and that she is in indigent circumstance and hence recommended for giving compassionate appointment. But the claim of the petitioner was rejected by the second respondent by passing the impugned order dated 21.7.2000 on the ground that petitioner’s father is getting family pension. 3. The learned counsel appearing for the petitioner argued that the reason stated in the impugned order that petitioner’s father is getting family pension, is unsustainable in view of G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993, wherein it is stated that the family of the deceased Government Servant is entitled to get provident fund, accumulated family benefits, death-cum-retirement-gratuity, encashment of leave at the credit at the time of death, etc. and those amounts or the interest earning that will accrue on depositing these amounts, need not be taken into consideration and without reference to that income it has to be ascertained as to whether the family is having immovable property like house, land, etc., the income, which is substantial to sustain the family without any extra help. The Government therefore directed that the said income need not be considered as a bar for grant of compassionate appointment, provided a certificate from the competent authority certifying that the person claiming is in indigent circumstance. 4.
The Government therefore directed that the said income need not be considered as a bar for grant of compassionate appointment, provided a certificate from the competent authority certifying that the person claiming is in indigent circumstance. 4. In this case, petitioner has produced a certificate from the Tahsildar and in view of the removal of ban by the Government in G.O.Ms.No.155 dated 16.7.1993, the impugned order is unsustainable and the petitioner is entitled to be considered for grant of compassionate appointment. 5. The second respondent is therefore directed to consider the claim of the petitioner for compassionate appointment as per G.O.Ms.No.155 Labour and Employment Department, dated 16.7.1993, in the light of the certificate issued by the Tahsildar on 12.1.1996 and pass orders in accordance with law, within a period of four weeks from the date of receipt of copy of this order. The impugned order is set aside and the writ petition is allowed with the above direction. No costs.