(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the submissions of the learned counsel appearing for the appellants and Mr.P.Ganesan, learned counsel who takes notice on behalf of the respondent.
2. The writ appeal is filed challenging the order passed by the learned Single Judge directing the appellants to consider the representation made by the respondent herein for appointment on compassionate ground on the death of her father, who worked as Assistant in the office of the Commercial Tax Officer Nannilam.
3. It appears that the said Government employee died in harness on 1.7.2010 and the representation seeking appointment on compassionate ground was made on 17.6.2012, but, at that time, she was only a minor, however, she had attained the age of majority when the representation was rejected. Therefore, it is needless to say that the representation had been technically rejected. This aspect has been not properly appreciated by the learned Single Judge and hence, we do find reason to interfere with the order passed by the learned Single Judge.
4. At this juncture, it is submitted by the learned Special Government Pleader that at the time when the representation was rejected, there was no vacancy to give appointment to the respondent herein.
5. Be that as it may, the rejection of the representation at the relevant point of time is not proper and therefore, now it is for the appellants to re-consider the same and do the needful in accordance with law, within a period of three months from the date of receipt of a copy of this judgment, after verifying with regard to indigence and other relevant factors for granting appointment on compassionate grounds. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(T.K.R.,J.) 21.11.2017.
Index:Yes/No Internet:Yes/No ssk.
To:
1. The Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.
2. The Joint Commissioner of Commercial Taxes, Tiruchirappalli Division, Tiruchirappalli.
HULUVADI G. RAMESH, J.
AND RMT.TEEKAA RAMAN, J ssk.
W.A.No.1449 of 2017 21.11.2017.