Setting aside the Tamil Nadu Motor Vehicle Maintenance Department orders,the Madras High Court has allowed petitions filed by two candidates possessing requiste qualification for the post of Junior Assistants in the Department who were initially appointed as sweepers on compassionate grounds.
Justice D. Hariparanthaman set aside the orders passed by The Tamil Nadu Motor Vehicle Maintenance Department on December 24 last year and January 7 refusing to entertain the representations made by C.R. Murugan and V.Babu.
In his order, the judge said "the petitioners could not be denied appointment to the post of Junior Assistant, simply because they expressed their willingness to work as sweepers."
"The petitioners shall be appointed to the posts of Junior Assistants under the vacancy that would arise in future."
The matter pertains to appointment on compassionate grounds of Murugan and Babu whose fathers died when they were working in the workshop of The Tamil Nadu Motor Vehicle Maintenance Department. They possess SSLC.
As the vacancies rose in the Department for the Post of Junior Assistants, they represented to the authorities that they possessed required qualification and may be appointed.
But the department refused to appoint them on the ground that at the time of appointment under compassionate grounds, they expressed willingness to work as sweepers and in future would not claim appointment to Junior Assistant posts.
The department further said if the posts are given to them, it would deprive the chances of other persons who are already in the wait list for the appointment of Junior Assistant posts.
"Simply because the petitioners expressed their willingness to work as sweepers they could not be denied appointment to the post of Junior Assistants," the judge said.
"The petitioners shall be appointed to the post of Junior Assistant under the vacancy that would arise in future but after considering the claim of persons who are in the waiting list prior to the petitioner," the judge added.
