IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.02.2010 CORAM The Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No.42796 of 2006 P. Shanmugavalli .. Petitioner Vs The District Educational Officer, Dindigul District, Dindigul. .. Respondents Prayer: Original Application No.7763 of 1999 on the file of Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as W.P.No.42796 of 2006, praying to call for the records pertaining to the impugned order of the respondent in No.3410/A1/99, dated 6.9.99 and set aside the same and consequently direct the respondent to appoint the petitioner as Junior Assistant on compassionate ground with all attendant and monetary benefits. For Petitioner : Mr. V. Kathiravan For Respondents : Mr. S. Shivashanmugam Government Advocate ORDER This writ petition is filed to call for the records pertaining to the impugned order of the respondent in No.3410/A1/99, dated 6.9.99 and set aside the same and consequently direct the respondent to appoint the petitioner as Junior Assistant on compassionate ground with all attendant and monetary benefits. 2. The petitioner seeks appointment on compassionate ground stating that the mother of the petitioner died on 5.5.1991 while in service as a secondary grade teacher in panchayat union middle school. She made an application for compassionate appointment on 10.10.1993. Her claim was not considered for several years. After repeated representation, the last of which was made on 16.8.99. The impugned order was passed on 6.9.99 stating that at the time of considering her claim for compassionate appointment, she has got married. Therefore, as per the Government Rule, compassionate appointment cannot be given. Hence, the https://hcservices.ecourts.gov.in/hcservices/ original application has been filed in the year 1999 seeking the above said relief. 3. No reply affidavit has been filed. Heard Mr.Sivashanmugam, learned Government Advocate. 4. The impugned proceedings cannot be sustained as it does not state the Government Rule under which, the appointment on compassionate ground should be denied to a married women/the petitioner herein. On the contrary, in view of the decisions of this Court in U. Arulmozhi – Vs. - The Director of School Education, Chennai.6. (2006, 2 L.W. 324) and G. Girija – Vs. - The Assistant Director (Panchayats) Kancheepuram and others (2008, 5, C.T.C. 686), the rejection of the petitioner's claim for the aforesaid reason cannot be sustained. Accordingly, it is set aside. The matter is remitted back to the competent authority to consider and dispose of her claim in accordance with law within a reasonable time preferably within three months from the date of receipt of a copy of this order. This writ petition is allowed to the extent indicated above. No costs. ra Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To The District Educational Officer, Dindigul District, Dindigul. + 1 cc to Government Pleader, SR No.13527 + 1 cc M/s. Veerakathiravan, Advocate SR No.12683 AKR(CO) SR/15.3.2010 WP No.42796/2006 https://hcservices.ecourts.gov.in/hcservices/