This Writ Petition has been filed by the petitioner, challenging the order of the third respondent dated 26.06.2014, rejecting the petitioners representation for seeking appointment on compassionate ground. The petitioner's father died on 01.06.2010, while he was in service. At the time of death of petitioner's father, the petitioner was a minor. Admittedly, the petitioner's date of birth is 05.05.1993.
2.The petitioner submitted an application dated 18.10.2013, which was well with in three years from the date on which the petitioner became major, but beyond the period of three years from the date of death of petitioner's father. It was in this circumstances, the third respondent passed the impugned order on 26.06.2014, rejecting the application of the petitioner only on the ground that the application is beyond the period of limitation, as the same is filed after the period of three years.
3.The Honourable Supreme Court and this Court, in many occasions have accepted the position that the minor dependant of the deceased employee is also entitled for appointment on compassionate ground by filing proper application within a period of three years from the date of becoming major, however subject to satisfying the other requirements provided by rules and regulations.
4.Hence, the impugned order dated 26.04.2014 passed by the second respondent is set aside and the first respondent is directed to consider the petitioner's application dated 18.10.2014 and dispose of the same purely on merits and in accordance with law within a period of six weeks from the from the date of receipt of copy of this order.
5.With the above directions, the Writ Petition is disposed of. No Costs.
To
1.The Director of Medical Services, Teynampet, Chennai ? 600 018.
2.The Joint Director of Medical Services, Ramanathapuram.
3.The Medical Officer, Office of The Medical Officer, Government Hospital, Kamuthi ? 623 603, Ramanathapuram District..