N.Thangaraj v. The Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI N.Thangaraj ... Petitioner Vs.
1.The Director of School Education, College Road, Chennai-600 006.
2.The District Educational Officer, Perambalur District, Perambalur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to second respondent's order in Na.Ka.No.3343/A1/2012 dated 27.03.2013, as confirmed by the first respondent in his proceedings in Na.Ka.No.Mu.Mu.307/J2/2014 dated 08.08.2014 to quash the same and consequently direct the respondents to consider the claim of the petitioner for appointment on compassionate ground to any eligible post forthwith and to extend all benefits arising thereto. For Petitioner : Mrs.N.R.Jasmin Padma For Respondents : Mr.T.M.Rajangam Govt.Advocate (Education)
ORDER
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Challenge is made to the order passed in Na.Ka.No.3343/A1/2012 dated 27.03.2013 and which was confirmed by the 1st respondent in his proceedings in Na.Ka.No.Mu.Mu.307/J2/2014 dated 08.08.2014, this writ petition has been filed by the petitioner herein.
2. Petitioner's father Nallusamy died in harness on 10.06.1997 while, he was working as Office Assistant in the Government High School, Nakka Salem, Perambalur District. He left behind four children (One daughter and three sons). The last son being the petitioner herein. His mother predeceased his father on 12.04.1997. His parents were taken care of by him. The hard earnings of the petitioner's father, as last Grade Government Servant was spent towards medical expenses for his mother and the petitioner's father resulting in lot of loans due to be paid. The most of the dues were settled from the terminal benefits and some dues are yet to be paid. The petitioner further submits that in and by which an application dated 30.07.1999, he sought for appointment on compassionate ground. After a long period and after so many clarifications, on 27.03.2013, his claim came to be rejected by the 2nd respondent on the ground that as the other legal heirs of the petitioner are in employment. On appeal to the 1st respondent also, reiterating the 2/7
same reasons, his appeal was rejected on 08.08.2014. Hence, this writ petition.
3. Mr.T.M.Rajangam, learned Government Advocate (Education) appearing for the respondents would contend that during the pendency of the application of the petitioner, the appointing authority came to know that his brother N.Jeyaraman is working in Bank and another brother N.Ramaraj is working in Railways and he would further contend that as per G.O.Ms.No.998, Labour and Employment, dated 02.05.1981, if there is already any earning member in the family, the other dependents of the deceased Government servant are not eligible for compassionate appointment.
4. From a perusal of a legal heirship certificate, the deceased Nallusamy died leaving his three sons and one daughter. The petitioner N.Thangaraj is the third son of the deceased Nallusamy. The said G.O.Ms.No.998 dated 02.05.1981 is extracted hereunder: 3/7
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5. As per the above said G.O., if there is already any earning member in the family of the Government Servant, who die in harness, the other dependents of the deceased Government servant will not be eligible for the concession of appointment in the Government Department and in the Government Undertakings.
6. It appears that the two brothers of the petitioner are employed in Bank and Railways. Once the family member of the deceased is employed in the Government Department or in the Government Undertakings, the other dependent of the deceased is not eligible to avail himself of the concession granted. Therefore, I do not find any infirmity in the impugned orders of the respondents.
7. With these observations, this writ petition stands dismissed. No costs.
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1.The Principal Secretary to Government, Rural Welfare Department, Secretariat, Chennai-9.
2.The District Collector, Vellore District, Vellore.
3.The Commissioner, Kaniyambadi Panchayat Union, Kaniyambadi Panchayat Union, Vellore District.
R.KALAIMATHI, J., ssn 6/7
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