K. Arumugam vs The Secretary to Government, Government of Pondicherry and Others

N. Paul Vasanthakumar, J.—The prayer in this writ petition is to issue a writ of certiorarified mandamus calling for the records in Ref. No.

PEC/ESTT/E5/COMP.APPT/20 05/No.4776 on the file of the third respondent and quash the order dated 12.10.2005 and direct the first

respondent to appoint the petitioner on compassionate grounds in Group ''D'' category or any post equivalent thereto with all service benefits with

effect from 14.11.2002.

The brief facts necessary for disposal of this writ petition, as stated in the affidavit is that the second respondent is a registered Society which

established the third respondent College. It is a Government College as the Society is sponsored by the Government of Pondicherry. The

petitioner''s father, named M. Kannappan was appointed as Helper in the second respondent College initially on daily wages from the year 1986

and subsequently absorbed in the Group ''D'' category of the regular establishment of the College. The petitioner''s father was placed on probation

with effect from 10.05.1993 and his completion of probation was declared by the third respondent herein on 30.10 .1995. The petitioner''s father

died while in service on 01.10.2002 and the petitioner who have studied S.S.L.C., applied for compassionate appointment to a suitable post. The

petitioner''s mother submitted a representation for compassionate appointment in favour of the petitioner to the second respondent originally and

thereafter, the petitioner made several representations from 14.11.2002 to 05.11.2004 to appoint the petitioner on compassionate ground. The

petitioner finally made a representation on 03.12.2004. The petitioner having not received any reply, approached this Court by filing W.P. No.

24157/2005 and this Court by order dated 28.07.2005, directed the respondents to consider and dispose of the representations dated

05.11.2004 and 03.12.2 004 within a period of twelve weeks. Thereafter, the impugned order was passed rejecting the request of the petitioner

and appointed the respondents 4 & 5 in the vacancy earmarked for candidates to be appointed on compassionate grounds in Group ''D'' category.

The said order of rejection is challenged in this writ petition. The learned counsel for the respondents submitted that the petitioner''s request for

appointment on compassionate ground was rejected on the ground that the petitioner''s family is having a R.C.C., with single storeyed building to

an extend of 1500 sq.feet and without taking note of the income of the members of the family, the assets and the liabilities held by the family

including benefits received under various welfare schemes and size of the family, the petitioner''s representation was rejected.

The learned Additional Government Pleader appearing for the respondents argued that the petitioner''s mother is getting family pension and

Freedom Fighters'' Pension and therefore, the petitioner''s family is in a indigenous circumstances.

I have considered the contentions raised by the learned counsel for the petitioner as well as the learned Additional Government Pleader. The

Freedom Fighters'' Pension received by the petitioner''s mother due to the death of the petitioner''s father, who was a freedom fighter, cannot be

taken as an income for the purpose of considering the request of the petitioner to give a compassionate appointment, since, it is an honour given to

the freedom fighters and the same cannot be considered as an income. Except the Freedom Fighters'' Pension, no other income is received by the

petitioner''s family. The size of the family, the assets and liabilities of the family are also not considered and therefore, the respondents are bound to

give compassionate appointment to the petitioner. The learned counsel for the petitioner, during the course of the arguments, submitted that if the

petitioner is provided the compassionate appointment in the next immediate vacancy, he may not press for cancellation of appointment given to the

respondents 4 & 5. On this submission, the learned Additional Government Pleader appearing for the respondents was directed to get instructions

and the learned Additional Government Pleader appearing for the respondents received a letter from the third respondent on 24.03.2006 wherein

it is stated that the application of the petitioner for appointment on compassionate ground will be considered in any vacancy arising in future under

compassionate appointment category along with pending applications in the Group ''D'' category.

In view of the above findings, the petitioner is entitled to get compassionate appointment and the petitioner shall be given Group ''D''

appointment in the immediate or next arising vacancy. It is made clear that without appointing the petitioner on compassionate ground category in

Group ''D'' category, no other person aspiring for the said compassionate ground appointment, shall be appointed. In view of the undertaking given

by the third respondent, the appointment given to respondents 4 & 5 are not disturbed.

The writ petition is allowed with the above direction. No costs. Consequently, connected W.P.M.P.s are closed.