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Judgment
Pushpa Sathyanarayana, J
This Writ Appeal is filed by the appellant/third respondent challenging the order made in W.P(MD)No.1871 of 2008, dated 01.07.2014, in allowing the Writ Petition filed by the first respondent herein/Writ Petitioner, with certain directions.
Heard the learned counsel appearing on either side and perused the materials placed before this Court.
This Writ Appeal is preferred by the School, in which, the Writ Petitioner's father was employed as a Teacher and died in harness on 14.10.1993. It is well settled that any appointment on compassionate grounds should be made within a period of three years from the date of demise of the Government servant. Here also, in the year 1995, the Writ Petitioner had attained majority and had applied through her mother for any post suitable to her on compassionate grounds and she has addressed to all the authorities including the School. The application made by the Petitioner was rejected on 19.11.2007 on the ground that the Writ Petitioner was a married woman and that she had not qualified herself for appointment to the post of Teacher. The said impugned order was put to challenge in the Writ Petition.
The learned Single Judge has considered the merits of the case and directed the appellant herein to appoint the Petitioner on compassionate grounds on merits and in accordance with law considering her educational qualification and appoint her in any one of the suitable post. The said order is now challenged in the present Writ Appeal.
It is not in dispute that the Writ Petitioner had applied for appointment on compassionate grounds within a period of three years. Though the appellant would raise objection that the school being a private aided school, whether the compassionate appointment could be made. The same was clarified by the learned Special Government Pleader by stating that by virtue of G.O.Ms.No. 986, dated 22.10.1991, appointment on compassionate grounds is possible even in the Government Aided Schools.Therefore, that impediment is also not there. The next point that was raised by the school is that there are no vacancies from the date of the application and also considering the date of retirement of the existing staffs, in the near future. Therefore, the Writ Petitioner's claim for appointment on compassionate grounds would not be possible in the near future.
The learned counsel for the first respondent would submit that the Writ Petitioner has been qualified now with M.A., B.Ed., Degree. The battle for compassionate appointment is going on from the year 1993 and almost three decade is over by now.
In such circumstances, we only direct the appellant/School to appoint the first respondent herein/Writ Petitioner in any one of the suitable post including that of Clause-III or Clause-IV, whenever such vacancy arises and sent it for approval of the same to the official respondents.
With the above directions, the Writ Appeal stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.