Madras High Court today dismissed an application by a Tamil Nadu government department seeking a review of its order that the married daughter of a deceased government employee was eligible for job under compassionate ground.
Dismissing the review plea against his October 11, 2011 order and the condone delay application filed by the Assistant Director of Department of Animal Husbandry, Thiruvannamalai, Justice D Hariparanthaman said, "I have already held that compassionate appointment cannot be negatived on the ground that a daughter is married at the time of death of her father."
Petitioner S Vijayakumari of Vaniyambadi Taluk in Vellore district, was denied compassionate appointment on the sole ground that on the date of death of her father - December 16, 1993 - she was married.
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In his earlier order, the judge while referring to various judgments of the high court had directed the authorities to provide a compassionate appointment to Vijayakumari.
Against this, the Department had filed a review application in 2012 which was listed in 2014.
The judge in his latest order said the previous directive was yet to be complied with though the father of the petitioner had died as early as in 1993.
The review application was filed on the ground that the 2011 order was against amendment to Rule 54-A of the General Rules which sates that only unmarried daughter was eligible for compassionate appointment and that too unmarried daughter should be less than 35 years of age.
He said the maximum age limit prescribed under the Rules 54-A cannot be put against the petitioner, since she was less than 35 when the impugned order was passed.
The judge further said though the petitioner filed the petition in 2001, the same was disposed of by this court after 10 years, for which she could not be blamed.
