Madras High Court: In a writ petition filed against the order passed by District Education Officer (‘DEO’) and to direct DEO to provide suitable job to the petitioner under compassionate ground on the death of his mother on 19-12-2018 as per the petitioner’s application dated 30.09.2020, L Victoria Gowri, J. noted that if any person in the deceased Government Servant’s family was employed even before the death of the Government Servant but was living separately without extending any help to the family, then the case of other eligible dependant will be considered. Thus, it quashed the impugned order and directed the DEO to provide a suitable job to the petitioner under compassionate ground within 12 weeks from the date of this order.
Background:
The petitioner’s mother was working as Head Mistress in Panchayat Union Middle School. While in service, she passed away and was survived by her husband, the petitioner and her daughter. Even before the death of the petitioner’s mother, the petitioner’s father was residing faraway leading an independent life. On 30-09-2020, the petitioner made an application seeking appointment on compassionate ground. However, the respondents rejected the petitioner’s application and the impugned order came to DEO because the petitioner’s father is working at Krishnapuram Amaravathy co-operative Sugar Mills as Assistant and drawing a salary of Rs. 25,898/-. Further relying upon the Government order of the Labour and Employment (Q1) Department, dated 23-01-2020, the petitioner’s application was rejected for the sole reason that the father is employed.
After perusing the said Government order, the Court noted that the said order also provides if any person in the deceased Government Servant’s family was employed even before the death of the Government Servant but was living separately without extending any help to the family, then the case of other eligible dependant will be considered. Further, the family pension of the deceased employee need not be considered while assessing the family’s income.
The Court viewed that the petitioner’s application should have been properly appreciated by the DEO, however, the said exercise was not properly done.
[M Yogamagi v Secretary to the Government, 2024 SCC OnLine Mad 151, Order dated 03-01-2024]
Advocates who appeared in this case :
For Petitioner: Advocate K.K.Kannan
For Respondents: Additional Government Pleader G.Surya Ananth
