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2012 DIGILAW 1421 (MAD)

C. Megan v. Govt. of Tamil Nadu

2012-03-20

VINOD K.SHARMA

body2012
Judgment :- 1. The father of the petitioner was working as Municipal Commissioner, who died while in service on 26.11.1986 leaving behind his wife Tmt.Shantha Chandrasekaran, his elder son Thiru Mega Vijayan and petitioner herein, as the legal heirs. 2. The petitioner passed diploma in Mechanical Engineering, therefore, submits that he is entitled to appointment on compassionate ground, on account of death of his father while in service. 3. It is not disputed that the elder brother of the petitioner was married and already in service before the death of his father. 4. The petitioner submits that as per G.O.Ms.No.155 dated 16.7.1993 if the dependent of the deceased employee is not supporting the family of the deceased, the other dependent can be considered for appointment on compassionate ground. The petitioner accordingly filed representation in the year 28.12.2000 along with requisite certificates for appointment on compassionate ground. 5. The petitioner thereafter filed O.A.No.509 of 2001 before the learned Tamil Nadu Administrative Tribunal, for issuance of direction for appointment on compassionate ground. 6. O.A.No.509 of 2001 was disposed of by directing the respondents to consider the case of the petitioner for appointment on compassionate ground, within a period of 6 months. 7. The request of the petitioner was rejected on 28.06.2001 on the ground that cases which were rejected prior to the issuance of Government order could not be reopened. The petitioner filed an appeal against the order which was also rejected. 8. On the submissions referred to above, the prayer made is to quash the order dated 28.06.2001, and issue direction to the respondents to appoint the petitioner on compassionate ground. 9. The prayer of the petitioner cannot be accepted in view of the law laid down by this Court in a batch cases in W.P.No.49346 of 2006, etc. The High Court cannot issue any direction to consider the case for appointment on compassionate ground, after 24 years of death of employee, as such a direction will be contrary to very object of appointment on compassionate ground. No merit, dismissed. No costs.