The Madras High Court bench here today ruled that the Government could not deny employment on compassion ground for the elder son after keeping the application pending for several years till younger son got the government employment on merit.
Justice S Vaidhyanathan, allowing a petition by M Ramkumar said the Government Order that if any of the family members of the deceased was employed, the case of compassionate appointment to another member of the family would not be considered would not apply in the case of the petitioner.
The Judge pointed out that petitioner's father who was working as an assistant in the Government Higher Secondary school at Meemisal in Pudukottai district, died in 1998. The petitioner's mother applied for compassion ground appointment as per rules in 2000.
After 12 years the petitioner's brother got employment as Secondary Grade Teacher on merit on September 10, 2012. Thereafter on June 13, 2013 the District Education Officer of Pudukottai had rejected the application on the ground that the petitioner's younger brother had got employment.
"The Government Order may be applicable if any of the legal heirs of the deceased was already in employment. If the respondent had accommodated the compassion ground employment earlier (before his younger brother got on merit), the petitioner would have the employment.
"Not taking a decision immediately and postponing the request for compassionate ground appointment and thereby depriving the claim of the Petitioner cannot be accepted", the judge said.
The judge setaside the order of the DEO denying employment for the Petitioner and directed the government to consider the case of the Petitioner within two months.
