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Judgment
M. M. Sundresh, J.—The petitioner''s father died in harness while in employment as a sweeper in Government Hospital, Kumbakonam on 08.10.2000. Within the period of limitation prescribed for making an application on compassionate ground, the petitioner''s mother had made a request to the second respondent. The deceased person left behind the minor children and an illiterate widow. Considering the request, as the request was made by the petitioner''s mother, recommendation was made by the third respondent in and by proceedings No. 4692/Nee.3/02 dated 09.02.2007 recommending appointment in favour of the petitioner. This was done by taking into consideration of the subsequent representation dated 11.1.2007, in which the earlier request was modified into one seeking appointment to the petitioner.
By the order impugned, the petitioner''s request was rejected on the ground that having made the application at the time of death of the deceased, the petitioner was minor, having completed only 12 years. Challenging the same, the present Writ Petition has been filed.
As rightly submitted by the learned counsel appearing for the petitioner, the third respondent has clearly understood the plea of the widow of the deceased employee being illiterate woman with children, by treating the application made seeking appointment for her as the one for the family, in order to help the family in distress. Accordingly, the subsequent letter dated 11.1.2007, a request for compassionate appointment for the petitioner as against the earlier one given by his mother, has been taken into consideration.
Therefore, this Court is of the view that the order impugned cannot be sustained in the eye of law. It is a settled law that the compassionate appointment is meant for the family and not for an individual. The deceased father of the petitioner was only working as a sweeper. The family of the petitioner has been living below poverty line without any proper education.
Considering the above, this Court is inclined to set aside the order impugned in this Writ Petition. Accordingly, the impugned order dated 03.02.2010 stands set aside and the respondents are directed to consider the request of the petitioner for compassionate appointment within a period of eight weeks from the date of receipt of a copy of this order.
The Writ Petition is allowed. No costs.