Full Judgment
1. The petitioner has come to this Court by filing this writ petition seeking issuance of a writ of mandamus to direct the second respondent to provide employment to the petitioner on the basis of the wards of the deceased by dispensing with the community certificate, no property and no employment certificates.
2. The learned Counsel appearing for the petitioner submits that the petitioner's father was appointed as a Conductor in the second respondent Transport Corporation and after serving as a permanent Conductor for about 20 years, he died on 03.07.1995 due to illness leaving behind his wife, the petitioner and her sister with 80% disability. Unfortunately, the petitioner's mother also passed away in the month of October, 1996. When the petitioner's father died, the petitioner was aged 7 years old and studying in school. Under these circumstances, the petitioner and her sister were deserted and on seeing the plight of their state of affairs, one Mr.Balan @ Balasubramaniam, who is a friend of their family, has voluntarily come forward to take care of them. Though the petitioner was minor, she applied for compassionate appointment on 17.11.2008. Subsequently, the petitioner's sister also gave no objection to obtain the compassionate appointment in the second respondent Transport Corporation. On that basis, the second respondent has sent a letter to the petitioner on 22.10.2008 asking her to submit the list of certificates to put the petitioner's name in the register. Though the petitioner has submitted a representation on 17.11.2008, enclosing all the records demanded by the respondent except two certificates, namely, the community certificate, no property and no employment certificate, no reply was forthcoming from the second respondent. Therefore, she went to the District Collector on grievance day on 06.07.2009 since she wanted community certificate, no property certificate and no employment certificate for getting compassionate appointment. Unfortunately, she was not able to get any substantial help from the revenue department to get any of the certificates. Even though she approached the Tahsildar to issue the above said certificates, subsequently, even to get ration card, she was not able to get the ration card from the Tahsildar. Under these circumstances, the petitioner approached the notary public for the purpose of getting no employment certificate and no property certificate. After obtaining the certificates issued by the notary public, the petitioner sent all the relevant documents to the second respondent. On receipt of the said application, the second respondent on 03.10.2009 informed the petitioner that they have registered her name in the employment register. Subsequently, on 15.11.2009, the respondents informed the petitioner to come to their office to produce the relevant documents. But, in view of the fact that the petitioner was not able to obtain the ration card, community certificate, residential proof, etc., and she has already submitted the certificates issued by the notary public, the petitioner is not able to get the compassionate appointment on the ground that she has failed to produce the relevant document. In view of these practical difficulties faced by an orphan, the learned Counsel appearing for the petitioner prays this Court to issue a direction to the second respondent to provide compassionate appointment to the petitioner even without insisting upon the petitioner to produce the ration card, community certificate, no employment and no property certificates. He further submits that this is a special case where the petitioner, after the death of her parents is being taken care of by a well-wisher and family friend and as there is no other family friend to help the petitioner to obtain the ration card by visiting frequently the Tahsildar office, it would be very difficult to the petitioner to get compassionate appointment. Though the petitioner is entitled to get compassionate appointment, she could not get the same without production of the above said documents. Under these circumstances, the petitioner prayed for dispensing with all the certificates as a pre-condition to get compassionate appointment.
3. Per contra, the learned Counsel appearing for the respondents submits that the petitioner has not even applied for compassionate appointment within three years from the date of the death of her father.
4. Such a submission is far from truth, inasmuch as the documents issued by the second respondent/Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Administration Department and format for particulars of deceased employees, clearly show that the petitioner has applied on time for getting compassionate appointment. The another document dated 5.11.2009 informing the petitioner that she should come to the office of the second respondent with all other documents also indicates that the petitioner has applied on time for getting compassionate appointment. But, only reason that the petitioner being an orphan was not able to approach the revenue authorities to get ration card and other relevant documents. Secondly, the documents produced before this Court by the learned counsel for the petitioner also show that she has already approached the District Collector on grievance day held on 10.11.2008 for issuance of community certificate, no property certificate and no employment certificate. It is not known whether the petitioner has further followed up the matter or not. But, it appears that the petitioner has taken steps and ultimately not getting any further assistance and no other response from the revenue authorities, she finally landed in a notary public office and also obtained a certificate in the place of ration card to show that the petitioner is a resident of No.11-19-21, Imayam Nagar 1st Street, S.Alangulam, Anaiyur Post, Madurai-17, and living as an orphan as both the parents had passed away in the years 1995 and 1996 successively.
5. In that view of the matter, I am of the considered view that when the respondent has already informed the petitioner to come to their office for production of all the relevant documents by taking into account that the petitioner is living only with the family friend and well-wisher due to the death of her parents, without insisting upon other documents the request of the petitioner may be considered sympathetically. Since the legal heir certificate issued by the Tahsildar on 11.03.1997 certifies that the petitioner is the daughter of the deceased Sundaram and her sister also has given a certificate relinquishing her right not to claim compassionate appointment, there may not be any impediment for the the second respondent to consider the case of the petitioner for providing compassionate appointment. On this basis, this writ petition is allowed directing the second respondent to provide compassionate appointment on the basis of the documents submitted by the petitioner earlier preferably within a period of eight weeks with an undertaking from the petitioner to produce all relevant documents within one year from the date of joining duty. No costs. Consequently, connected miscellaneous petitions are closed.