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2025 DIGILAW 749 (MAD)

S. Soundharya v. Joint Director of School Education, Chennai

2025-01-31

J.SATHYA NARAYANA PRASAD

body2025
ORDER : 1. This writ petition has been filed by the petitioner to call for the records of the impugned order of the second respondent in Ni.Mu.No.924/Aa4/2019 dated 27.10.2020 and the consequential impugned order of the third respondent in Ni.Mu.No.275/A1/2022 dated 19.12.2022 and quash the same as illegal and consequently direct the respondents to grant appointment on compassionate grounds to the petitioner in the respondent department. 2. The case of the petitioner is that her mother died in harness on 14.10.2010, while she was working as Middle School Teacher at Panchayat Union Primary School, Ilandhakuttai, Namakkal District, leaving behind the petitioner and her husband as legal heirs. Unfortunately, the petitioner’s father also died on 13.10.2011 and the petitioner was virtually disabled. Therefore, the petitioner applied for compassionate ground appointment on 15.12.2017 and the same was rejected by the respondents 2 & 3 dated 27.10.2020 and 19.12.2022 respectively, on the ground that the petitioner has not submitted the application within a period of three years from the date of death of the Government Servant. Aggrieved over the same, the petitioner has come forward with the present writ petition. 3. Learned counsel for the petitioner submitted that the petitioner’s mother, who was employed as Middle School Teacher died on 14.10.2010, her father also died on 13.10.2011 and the age of the petitioner at the time of her parents death was only 13-14 years. The date of birth of the petitioner is 07.02.1997 and after attaining the majority, she submitted an application before the respondents, seeking compassionate appointment on 15.12.2017. The petitioner has completed her S.S.L.C. in the year 2012 and Higher Secondary in the year 2014. After the demise of her parents, with the help of her aunt, she has completed her bachelor degree course in B.B.A. The petitioner was under the custody of her grand mother and she has also expired. 4. Learned counsel for the petitioner would further submit that on receipt of the petitioner’s application, the third respondent had forwarded the application to the Assistant Primary Educational Officer, Pallipalayam, seeking for certain documents. The Assistant Primary Educational Officer by order dated 19.01.2018 directed the petitioner to submit documents, which the petitioner could not obtain and submit the same, since the documents have to be obtain from various authorities in various places and also due to the reason that she is virtually disabled. 5. The Assistant Primary Educational Officer by order dated 19.01.2018 directed the petitioner to submit documents, which the petitioner could not obtain and submit the same, since the documents have to be obtain from various authorities in various places and also due to the reason that she is virtually disabled. 5. Learned counsel for the petitioner would further submit that by proceedings dated 27.10.2020, the second respondent rejected the claim as if the petitioner submitted an application, seeking compassionate ground appointment only on 15.12.2017 and not applied within three years from the date of demise of the Government Servant. Immediately, the third respondent has also passed the impugned order dated 19.12.2022 rejecting the claim for compassionate ground appointment. 6. A counter affidavit is filed by the second respondent on 12.04.2023. Learned Government Advocate appearing for the respondents would submit that the Government in G.O.Ms.No.120, Labour and Employment Department dated 26.06.1995 have stipulated the following conditions to consider the compassionate ground appointment and the same reads follows: 1. The application for appointment on Compassionate ground should be made within three years of the death of government servant. 2.The maximum age limit for such appointment be raised to 50 in the case of widows of the deceased government servants. 3. The Government also insisted the same condition of three years from the date of death of the Government Servants while issuing comprehensive guidelines in G.O.(Ms)No.18, Lahour and Employment (Q1) Department dated 23.01.2020 in the scheme. 7. Learned Government Advocate appearing for the respondents would further submit that the Government had considered the entire scheme of compassionate appointment and reviewed the situation and formulated condition and issued G.O.Ms.No.18 Labour and Employment (Q1 department) dated 23.01.2020 and as per the above Government Order, the Government has fixed the three years of limitation period from the death of the Government servant for appointment under compassionate ground. 8. Heard the learned counsel on either side and perused the materials available on record. 9. In the case on hand, the petitioner’s mother, who was an Government Employee died on 14.10.2010 and her father also died in the next year i.e., on 13.10.2011. The age of the petitioner at the time of death of her mother was 13 years and at the time of death of her father was 14 years. Hence, she could not apply for the compassionate ground appointment immediately after the demise of her parents. The age of the petitioner at the time of death of her mother was 13 years and at the time of death of her father was 14 years. Hence, she could not apply for the compassionate ground appointment immediately after the demise of her parents. The petitioner was taken care by her aunt, since she was minor. 10. The date of birth of the petitioner is 07.02.1997 and she attained the majority on 07.02.2015 (18 years). After attaining the age of majority i.e. 18 years, she had applied for compassionate ground appointment on 15.12.2017. The petitioner is possessing B.B.A. Degree qualification, which was obtained in the year 2017. But, the application for compassionate ground appointment was rejected by the second respondent by proceedings dated 27.10.2020 on the ground that the petitioner has not submitted the application for compassionate ground appointment within a period of three years from the date of demise of the Government Servant i.e., on or before 14.10.2013, three years from the date of death of her mother. 11. This is a peculiar case and the same has to be considered on the ground of sympathy for the reasons that the petitioner has lost her parents in the subsequent years i.e., in the year 2013-2014 and her age was only 13-14 years at the time of her parents demise. The application for compassionate ground appointment was rejected by the second respondent by relying on the G.O.Ms.No.18, Labour and Employment Department (Q1 department) dated 23.01.2010 according to which, the application for compassionate ground appointment should have been given within a period of three years from the date of death of the Government servant and in this case, the Government servant died on 14.10.2010 and application should have been submitted on or before 2013, but the same is not done by the petitioner since she was a minor aged about 13-14 years. 12. The main reason for the petitioner not applying for the compassionate ground appointment within three years from the date of death of the Government Servant is that the petitioner was only aged about 13 years at the time of demise of her mother and she was not in a position to apply for the said appointment. Therefore, the petitioner gave the application after attaining the majority in the year 15.12.2017. Therefore, the petitioner gave the application after attaining the majority in the year 15.12.2017. After attaining the age of majority, the petitioner completed B.B.A. Degree qualification in the same academic year i.e.,2017 before submitting the application. The age of the petitioner as on the date of filing the writ petition is 27 years, and as on date, her age is 28 years and she also got married on 02.03.2020. 13. This Court by its order dated 03.01.2025, directed the learned counsel for the petitioner to verify the details of the petitioner’s husband's educational qualification, job and to produce the income certificate. In this regard, additional affidavit has been by filed by the petitioner on 12.01.2025, wherein, it is stated that she got married on 02.03.2020 and her husband is having an educational qualification of D.C.E and working at Riverstone Info Tech Company as a Cad Designer and was earning 40,000/- and with incentives upon extra work, he is getting a total salary of Rs.60,000/- per month. 14. This Court observes that the second respondent while passing the impugned proceedings dated 27.10.2020 has not taking into consideration, that the petitioner was minor, aged about 14 years and for the sole reason she could not apply within 3 years from the date of death of her deceased mother, who was a Middle School teacher. Hence, she applied for compassionate ground appointment in the year 2017 i.e., after attaining the age of majority. The application was rejected only on the grounds of delay and for no other reason. 15. In view of the above factual matrix of the case, the order passed by the second respondent in Ni.Mu.No.924/Aa4/2019 dated 27.10.2020 and the consequential order of the third respondent in Ni.Mu.No.275/A1/2022 dated 19.12.2022 is liable to be quashed. Accordingly, the same is hereby quashed. The matter is remitted back to the respondents for a fresh consideration by taking into account the other aspects which caused the delay in filing the application for compassionate ground appointment. 16. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently, connected miscellaneous petition is closed.