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Madras High Court · body

2015 DIGILAW 1779 (MAD)

R. Periyasamy v. Commissioner of Animal Husbandry & Veterinary Service, Chennai

2015-04-01

V.M.VELUMANI

body2015
Judgment :- The petitioner has filed the present Writ Petition praying to quash the proceedings in Na.Ka.No.42615/N3/06, dated 26.03.2009 of the first respondent and subsequent impugned proceedings, dated 06.06.2009 in Na.Ka.No.1224/B/09 of the third respondent. 2. The petitioner's father was working as Veterinary Assistant in the respondent department. He died on 13.12.1982 while he was in service. At that time, the petitioner was minor and 5 years old. After attaining majority on 02.02.1998, he applied to the respondents on 15.11.2000 for appointment on compassionate ground. The second respondent forwarded the application of the petitioner to the first respondent. The first respondent by the proceedings in Mu.Mu.No.99364/RR2/2000, dated 26.04.2001 called upon the petitioner to produce all the documents to consider his application for appointment on compassionate ground. The petitioner has produced all the documents. The second respondent by his proceedings in Na.Ka.No.2416/B/02, dated 29.08.2003 also recommended to appoint the petitioner on compassionate ground. 3. The first respondent in his proceedings in N.Ka.No.35577/RR2/2001, dated 24.08.2004 returned all the documents produced by the petitioner on the ground that there was a ban on recruitment and stated that application of the petitioner will be considered after lifting the ban order. The second respondent by his proceedings in Na.Ka.No.2883/B/04, dated 23.09.2004 included the petitioner's name as serial No.26 in waiting list and sought consent of the petitioner to accept the training for the post of veterinary Inspector. The petitioner accepted for training for the post of Veterinary Inspector on 27.09.2004. 4. The first respondent by his proceedings in Na.Ka.No.42615/N3/2006, dated 17.05.2006 intimated the third respondent that appointment of the petitioner will be considered after the approval by the Government and directed the third respondent to send all the certificates of the petitioner. The petitioner again produced all the certificates on 24.05.2006 before the third respondent. All the original certificates were forwarded to the first respondent on 25.05.2006. The Xerox copy of the certificates were retained by the third respondent. 5. By the impugned order of the first respondent in his proceedings in Na.Ka.No.42615/N3/06 intimated to the second respondent to reject the application of the petitioner for appointment on compassionate ground on the ground as per the Government letter No.24884/AH7(1)/2007-10 dated 16.02.2009 an application for appointment on compassionate ground must be made within three years from the date of death of the employee. The order of the first respondent was confirmed by the third respondent in his proceedings in Na.Ka.No.1224/B/09, dated 06.06.2009 by rejecting the request of the petitioner for appointment on compassionate ground. Therefore, the petitioner is challenging the impugned orders of the first and third respondents dated 26.03.2009 and 06.06.2009 respectively. 6. The first respondent has filed the counter affidavit stating that the petitioner has made an application for compassionate appointment beyond three years of death of his father. The Government issued a clarification in letter No.24884/AH7(1)/2007-10, dated 16.02.009 that time limit to apply for compassionate appointment by the legal heir of the Government servant is three years from date of death and the same is applicable to the Government servant, who died in service even prior to 26.06.1995. Therefore, he prayed for dismissal of the writ petition. 7. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 8. The impugned orders of the respondents 1 and 3 are not valid and liable to be set aside for the following reasons:- a) At the time of death of the petitioner's father, the petitioner was a minor. b) After he attained majority, he made an application for appointment on compassionate ground. The same was entertained by the respondents, but appointment was not issued due to ban on recruitment. c) Subsequently, the request of the petitioner was considered and his name was kept in the waiting list and sent for training for the posts of Veterinary Inspector. d) Having entertained the application of the petitioner beyond three years of death of his father and having given training for the post of Veterinary Inspector, it is not upon the petitioner to reject the request for appointment on compassionate ground. 9. For the reasons stated above, the writ petition is allowed and the impugned orders of the first respondent dated 26.03.2009 and the third respondent dated 06.02.2009 are set aside. Further, this Court directs the respondents to consider the petitioner's application dated 15.11.2000 for appointment on compassionate ground within a period of eight weeks from the date of receipt of a copy of this order. No costs.