G. Thilagam vs The Collector, Noon Meal Section and The Commissioner, Kaveripakkam Panchayat Union

N. Paul Vasanthakumar, J.—The prayer in the writ petition is to direct the first respondent to pass orders on the petitioner''s representation

dated 13.11.1998 praying for appointment as Noon Meal Organiser on compassionate ground.

The case of the petitoner is that her husband by name Gnanamani was working as Noon Meal Organiser in the Adi Dravidar Welfare School,

Eralacherry, Kaveripakkam Panchayat Union, Vellore District, and he died in harness on 7.10.1998 in a road accident, leaving behind the

petitioner as his widow and three minor children and his parents. In view of the death of the petitioner''s husband and father of the three minor

children, the family was left in indigent circumstance.

Petitioner passed S.S.L.C examinations. Since there is a provision to seek appointment on compassionate ground by the legal heirs of the

deceased Noon Meal Organisers, petitioner applied for the same on 13.11.1998 through the Commissioner of Kaveripakkam Panchayat Union.

The said representation/application seeking compassionate ground appointment was forwarded by the Commissioner of Kaveripakkam Panchayat

Union by his proceedings dated 27.11.1998 with due recommendations to the District Collector. Since no action was taken to appoint the

petitioner on compassionate ground, petitioner filed O.A. No. 1761 of 1999 before the Tamil Nadu Administrative Tribunal on 1.3.1999 and the

same was admitted on 23.3.1999. The said O.A. No. 1761 of 1999 is now transferred and numbered as the above writ petition.

In spite of service of notice to the first respondent/the District Collector, Vellore, who is the competent authority to pass orders, till date neither

counter affidavit is filed, nor any order either accepting or rejecting the request of the petitioner for compassionate ground appointment was

passed.

The petitioner has filed a copy of the death certificate of her husband Gnanamani mentioning the date of death as 7.10.1998, the registration of

which was made on 22.10.1998. Petitioner also produced legal heirship certificate issued by the Tahsildar of Arakkonam, dated 9.11.1998

disclosing that the petitioner is the widow of the deceased Gnanamani; G.Vimalraj and G.Gandhiraj are the sons of the deceased; G.Bargavi is the

daughter of the deceased; and Backianathan is the father and Susila is the mother of the deceased Gnanamani. Petitioner''s application dated

13.11.1998 is also filed among the typed set of papers. The recommendation made by the second respondent to the first respondent in his

proceedings Na.Ka. No. A10/5136/98, dated 27.11.1998 clearly states that the petitioner was suffering a lot after the demise of the petitioner''s

husband and there was a vacancy available to give appointment to the petitioner. Petitioner also passed S.S.L.C. examinations and was aged 35

years in the year 1998.

The learned Counsel for the petitioner produced G.O.Ms. No. 215 Social Welfare and Noon Meal Scheme Department, dated 8.9.1998

wherein it is stated that compassionate appointment can be given to a legal heir of not only the deceased Noon Meal Organiser, but also to a legal

heir of the deceased Noon Meal Cook and deceased Noon Meal Assistant. The Government authorised the concerned District Collector to issue

appointment order on compassionate ground and directed to report the same to the Government.

In spite of the issuance of G.O.Ms. No. 215 Social Welfare and Noon Meal Scheme Department, dated 8.9.1998 as well as recommendations

made by the second respondent to the first respondent, the first respondent had not chosen to consider the application of the petitioner seeking

appointment on compassionate grounds. By the inaction of the first respondent, the petitioner''s family is made to suffer for more than ten years.

The eligibility of the petitioner to get appointment on compassionate ground is fully established as per the recommendations of the second

respondent on 27.11.1998 as well as the Government order cited above and the Government letter No. 37910/Noon Meals-3/92-2, Social

Welfare and Noon Meals Department, dated 6.11.1992.

In view of the above, the first respondent is directed to consider the recommendation of the second respondent and pass orders for appointment

of the petitioner in the post of Noon Meal Organiser on compassionate ground in any one of the Panchayat Union Schools in Kaveripakkam

Panchayat Union, within two weeks from the date of receipt of copy of this order. Since the petitioner is compelled to file O.A.1761/1999 and

forced to wait with sufferings for more than ten years, the first respondent is directed to pay cost of Rs. 5,000/- to the petitioner.

The writ petition is allowed with the above directions. The Registry is directed to list the matter on 24.4.2009 for reporting compliance of the

above directions.