Judgment : 1. The petitioner filed O.A.No.5689 of 2002. On abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.7527 of 2007. 2. The father of the petitioner was working as Senior Grade Office Assistant in the Office of the Sub-Treasury, Wallajah, Vellore District. He died on 06.06.1979 while he was in service. The mother of the petitioner pre-deceased his father. The father of the petitioner contracted a second marriage. There was a dispute for settlement of family pension and other terminal benefits. A suit was filed in O.S.No.1137 of 1981 on the file of the District Munsif Court, Vellore. The matter was finally decided by the said Court on 31.08.1983. As per the Court order, the petitioner got 50% of the family pension due to him from 07.06.1979 to 16.03.1993 i.e., the date on which he attained 25 years. The second wife Tmt.Noorjahan, was paid 50% of Family Pension upto 16.03.1993 and paid full family pension from 17.03.1993 onwards. The second wife did not claim compassionate appointment. 3. While so, the petitioner applied for appointment on compassionate grounds during 1993. The second respondent vide Memo No.68081/93/C3, dated 10.09.1993 forwarded the application of the petitioner to the third respondent for necessary action. 4. According to the rule that was in force prior to 26.06.1995, i.e., prior to the issuance of G.O.Ms.No.120 Labour and Employment, dated 28.06.1995, the application seeking appointment on compassionate ground has to be made before the presumptive date of superannuation of the deceased Government servant. In the case of the petitioner, his father's date of superannuation was 31.03.1996. Hence, the application was proper. In these circumstances, the application of the petitioner was forwarded by the second respondent to the third respondent. 5. As per the aforesaid G.O.Ms.No.120, dated 26.06.1995, application seeking appointment on compassionate ground has to made within a period of 3 years from the date of death of the Government servant and if the death was prior to 26.06.1995, the same shall be made within three years from 26.06.1995. Further, the application has to be made prior to the presumptive date of superannuation of the Government servant in the case of death of Government servant prior to 26.06.1995. Since the applicants' case fall prior to 26.06.1995, the second respondent sought permission from the Government in Lr.Rc.27272/99/C3, dated 20.10.1999 for appointment of the petitioner on compassionate ground. Further, the application has to be made prior to the presumptive date of superannuation of the Government servant in the case of death of Government servant prior to 26.06.1995. Since the applicants' case fall prior to 26.06.1995, the second respondent sought permission from the Government in Lr.Rc.27272/99/C3, dated 20.10.1999 for appointment of the petitioner on compassionate ground. But the Government in their Letter No.100545/T & A I/99, Fin (T &A II) Department, dated 19.03.2000 had rejected the application of the petitioner as time barred. In response to the second respondent's letter for re-consideration, the Government again rejected the request of the petitioner for compassionate appointment as office Assistant in Govt.Lr.No.58457/T&A II/2000, dated 03.10.2000. 6. In the said circumstances, the petitioner filed O.A.No.8951 of 2000 before the Tamil Nadu Administrative Tribunal. While so, the second respondent had requested the third respondent to issue necessary posting order to the petitioner with instructions to withdraw the Original Application pending before the Tribunal before joining duty. Hence, the learned Government Advocate represented before the Tribunal that necessary posting order would be issued to the petitioner pursuant to the order of the second respondent dated 12.02.2002. Hence, the OA was withdrawn by the petitioner on 04.07.2002. 7. However, no posting order was issued on the ground that G.O.Ms.No.212 P & AR Department, dated 29.11.2001 was issued imposing ban on recruitment. However, in respect of compassionate appointment, the Government in their Lr.No.20/G/01 P & AR Department, dated 01.03.2002 had issued direction to the authorities to get approval of the staff Committee constituted for the purpose, before giving compassionate appointment under the Scheme. Accordingly, the second respondent sent proposal in his Lr.No.Rc.13917/02/C1, dated 09.05.2002 to the first respondent for permission to appoint the petitioner on compassionate ground during the ban period. While so, the petitioner has filed this Original Application for the relief stated supra. 8. A reply affidavit was filed by the respondents. In fact, the aforesaid facts are culled out from the said reply affidavit, dated 21.02.2003. It is stated in the reply affidavit that the permission of the Government is still awaited on the proposal of the second respondent, dated 09.05.2002 seeking permission to appoint the petitioner during the period of ban imposed in G.O.Ms.No.212. 9. In fact, the aforesaid facts are culled out from the said reply affidavit, dated 21.02.2003. It is stated in the reply affidavit that the permission of the Government is still awaited on the proposal of the second respondent, dated 09.05.2002 seeking permission to appoint the petitioner during the period of ban imposed in G.O.Ms.No.212. 9. It is further stated in the reply affidavit that though the petitioner had withdrawn the original application filed before the Tribunal based on the submission made by the Government Advocate that he would be provided compassionate appointment, the same was not given due to the ban on recruitment and the same was described by the respondents as "Act of God". 10. Heard both sides. 11. The learned Additional Government Pleader would submit that after ban was lifted during 2006, the petitioner was offered compassionate appointment as Office Assistant and he was directed to produce the certificates relating to educational qualification i.e, pass in VIII standard. Since the petitioner produced bogus certificate, he was not given compassionate appointment. 12. The learned Additional Government Pleader by relying on the Special Rules for Tamil Nadu Basic Service would submit that the post of Office Assistant comes under Class III of the Special Rules and as per the said Rules, one should pass in VIII standard for appointment to the post of Office Assistant. It is true that as per Special Rules for Tamil Nadu Basic Service, one should possess pass in VIII Standard for appointment to Class I, II and III posts. 13. The following are the various categories of posts in Class I, II and Class III and the same is extracted hereunder:- Class & Category Post Class 1 Category 1 Council Dubash for the Cabinet Category 2 Assistant Sergent in the Secretariat Category 3 Chobdars Category 4 Duffadars Class II: Category 1 Head Chowkidars Category 2 Chowkidars Category 3 Jamadars other than those in the Medical and Police Departments Category 4 Durwans Category 5 Assistant Durwans Class III: Category 1 Messnegers Category 2 Copist Attenders Category 3 Process Servers Category 4 Attendants Category 5 Office Assistants Category 6 Chainmen 14. But as per the Special Rules for Tamil Nadu Basic Service, for appointment to Class IV posts, it is not necessary to possess a pass in VIII standard. It is sufficient if a candidate is able to read and write in Tamil. But as per the Special Rules for Tamil Nadu Basic Service, for appointment to Class IV posts, it is not necessary to possess a pass in VIII standard. It is sufficient if a candidate is able to read and write in Tamil. The petitioner does not insist that he should be appointed as Office Assistant, instead, he can be appointed in any one of the categories in Class IV post. 15. Class IV consists of 86 categories of posts and the same may be usefully extracted hereunder:- Class & Category Post Class IV: Category 1 Butlers Category 2 Cooks Category 3 Kitchen Attendants Category 4 Table Attendants Category 5 Bathmen Category 6 Mazdoors Category 7 Cleaners Category 8 Sanitary Workers Category 9 Gardeners Category 10 Maistries Category 11 Watchmen Category 12 Sweepers Category 13 Watermen Category 14 Gate-Keepers Category 15 Mechanics Category 16 Fitters Category 17 Painters Category 18 Blacksmiths Category 19 Carpenters Category 20 Cartmen Category 21 Cattlemen Category 22 Glaziers Category 23 Packers Category 24 Women Searchers Category 25 Hospital Servants Category 26 Dhobies Category 27 Lascars Category 28 Bearers Category 29 Barbers Category 30 Syces Category 31 Cooks-cum-Watermen Category 32 Watchmen-cum-Sweepers Category 33 Attender Boys Category 34 Assistant Sweepers Category 35 Ayahs Category 36 Field Assistants Category 37 Dusting Mazdoors Category 38 Male Nursing Orderlies Category 39 Gas House Cleaners Category 40 Workshop Boys Category 41 Medical Attendants Category 42 Conductrresses Category 43 Assistant Cooks Category 44 Masalchis Category 4-A Room Boys (inserted in G.O.Ms.No.41, P&AE(F) Depr. dt.3.3.2000) Category 45 Stretcher Bearer (inserted in G.O.Ms.No. 65, P&AE(F) Depr. dt.8.4.1999) Category 45-A Mate Boys (inserted in G.O.Ms.No.241, P&AE(F) Depr. dt.3.3.2000) Category 45 Stretcher Bearer (inserted in G.O.Ms.No. 65, P&AE(F) Depr. dt.8.4.1999) Category 45-A Mate Boys (inserted in G.O.Ms.No.241, P&AE(F) Depr. dt.29.12.2000) Category 46 Class Blower Category 47 Watchman and Water Woman Category 48 Iceman Category 49 Fireman Category 50 Hammerman Category 51 Mason Category 52 Brick Layer in Medical Department Category 53 Purveyor Category 54 Garden Maistrics in Medical Department Category 55 Head Maistry in Medical Department Category 56 Maistry Assistant in Medical Department Category 57 Latchies and Dhoby Latchies Category 58 Hospital Worker Category 59 Table Boy and Table Girl Category 60 Dusting Boy Category 61 Counter Boy Category 62 Helper Category 63 Woman Helper Category 64 Woman Servant and Table Woman Category 65 Kitchen Woman and Servant Category 66 Common Mess Servant Category 67 Gate Peon Category 68 Gurka Watchman Category 69 Van Cleaner in Medical Department Category 70 Electrical Cleaner Category 71 Ambulance Cleaner in Medical Department Category 72 Dhoby Cooly Category 73 Tailar Cooly in Medical Department Category 74 Disinfectant Coolies Category 75 Drainage Maistries and Coolies Category 76 Semi-skilled Laborers Category 77 Unskilled Mechanic Category 78 Nurse Quarters Servant Category 79 Waterman-cum-Sweeper Category 80 Waterman-cum-Watchman Category 81 Peon-cum-Watchman Category 82 Postmortem Attendant Category 83 Gas Attendant Category 84 Electro-Myography Attendant Category 85 Junior Attender Category 86 Gas Stocker (inserted as per G.O.Ms.No.65, P & AR(F) Dept. dated 8.4.99 w.e.f. 25.6.1971) 16. In the facts and circumstances of the case, particularly, when the Government was inclined to provide compassionate appointment, as early as in the year 2002 before the Tamil Nadu Administrative Tribunal, it is not fair to deny him compassionate appointment, that too to the lowest post in Tamil Nadu Basic Service, which does not require any educational qualification. Taking note of the aforesaid facts, as averred in the reply affidavit, I am of the view that the petitioner is entitled to compassionate appointment. 17. In the result, the writ petition is allowed and a direction is issued to the first respondent to provide compassionate appointment to the petitioner in any one of the Categories viz., 1- 86 in Class IV of Tamil Nadu Basic Service, as provided under Special Rules for Tamil Nadu Basic Service, within a period of eight weeks from the date of receipt of a copy of this order. No costs.