S. Kannan vs The Managing Director

N. Paul Vasanthakumar, J.—This Writ Appeal is filed against the order made in W.P.No.12440 of 2012 dated 08.02.2013, wherein the claim made by the appellant seeking compassionate ground appointment was rejected.

The case of the appellant is that his father, while serving as Last Grade Servant, died on 28.12.200 and the family was in indigent circumstances. The appellant''s brother submitted an application seeking compassionate appointment on 05.02.2002 and the said application was processed and he was placed in waiting list No.721. On 04.12.2006, the appellant''s brother died. On 14.03.2007, without knowing the death of the appellant''s brother, the Board issued a letter calling for particulars to give employment to his brother. At that time, on 23.07.2007, the appellant made a representation stating that his brother died on 04.12.2006 during the pendency of application dated 05.02.2002 and he may be given compassionate ground appointment as any one of the legal heir is entitled to get compassionate appointment. The said application was rejected on 06.09.2011, which was challenged before the learned Single Judge and the learned Single Judge dismissed the writ petition by order dated 08.02.2013, against which, this writ appeal is filed.

The contention of the learned counsel for the appellant is that the indigent circumstances of the appellant''s family is not disputed and no one from the appellant''s family (deceased Sengalvarayan) is given compassionate appointment. According to the appellant, his family is still in indigent circumstances.

The learned counsel for the respondent Board, on the other hand submitted that the appellant got married even prior to the death of his father and living separately with his solitary income.

When such submission was made, this Court had adjourned the matter to get an income certificate from the competent authority.

According to the learned counsel for the appellant, the Deputy Tahsildar, Mylapore has issued an income certificate dated 13.06.2014, stating that the family income of the deceased is only Rs.48,000/- per year which comes from all sources and the family is in indigent circumstance and therefore, a direction may be issued to reconsider the rejection order and pass fresh orders, considering the fact that no one in the family of the deceased is in employment.

The learned counsel appearing for the Board on the other hand submitted that there are other legal heirs and if the appellant produces No Objection Certificate from the other legal heirs, the Board will re-consider the issue based on the income certificate now obtained by the appellant.

In the circumstances, the rejection order passed by the 2nd respondent dated 06.09.2011 and the order dated 08.02.2013 of the learned Single Judge confirming the same, are set aside and the Writ Appeal is allowed. The matter is remitted back to the 2nd respondent to consider the request of the appellant seeking compassionate appointment, after verifying the income certificate issued on 13.06.2014 and on production of No Objection Certificate from the other legal heirs of the deceased Board employee. The appellant is directed to produce No Objection Certificate from the other legal heirs as well as the Income Certificate issued by the Deputy Tahsildar, Mylapore on 13.06.2013 before the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to consider the claim of the appellant, bearing in mind that one of the legal heirs is entitled for compassionate ground appointment, even if married, and pass orders, within a period of four weeks from the date of receipt of No Objection Certificate and the Income Certificate from the appellant.

No costs.