Madras High Court
K. Arumugam vs The Secretary To Government on 27 March, 2006
Author: N. Paul Vasanthakumar
Bench: N. Paul Vasanthakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27/03/2006
CORAM
THE HON'BLE MR. JUSTICE N. PAUL VASANTHAKUMAR
W.P.No.38796 of 2005
& W.P.M.P.Nos.41538 & 41539 of 2005
K. Arumugam .. Petitioner
-Vs-
1. The Secretary to Government,
Government of Pondicherry,
Pondicherry.
2. The Engineering College(Pondicherry) Society,
rep. by its Board of Governors,
Pillaichavady, Pondicherry-605 104.
3. Pondicherry Engineering College,
rep. by its Principal,
Pillaichavady, Pondicherry-605 104.
4. R. Surendar
5. S. Dhanalakshmi .. Respondents
Petition filed under Article 226 of the Constitution of India praying
for a writ of certiorarified mandamus as stated therein.
For Petitioner : Mr. D. Saravanan
For Respondents: Mr.K.K.Sasidharan, Addl.GP
for Pondicherry
:ORDER
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.
2. 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.
3. 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.
4. 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.
5. 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 N. PAUL VASANTHAKUMAR, J.
ap 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.
6. The writ petition is allowed with the above direction. No costs. Consequently, connected W.P.M.P.s are closed.
To
1. The Secretary to Government, Government of Pondicherry, Pondicherry.
2. The Board of Governors, The Engineering College(Pondicherry) Society, Pillaichavady, Pondicherry-605 104.
3. The Principal, Pondicherry Engineering College, Pillaichavady, Pondicherry-605 104.