Madras High Court
K.Kalai Selvan vs The Director on 30 April, 2021
W.P(MD)No.8290 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.8290 of 2021
and
W.M.P(MD)No.6273 of 2021
K.Kalai Selvan ... Petitioner
vs.
1.The Director,
O/o.The Directorate of Public Health and
Preventive Medicine,
No.359, Anna Salai,
Chennai – 6.
2.The Deputy Director of Health Services,
Thanjavur,
Thanjavur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order in O.Mu.No.26510/Pa.Tho.3/Iru 2/2021,
dated 22.03.2021 passed by the first respondent and to quash the same
as arbitrary and consequently to direct the first respondent to appoint
the petitioner on compassionate ground in any suitable post in the
respondents Department within the time limit stipulated by this Court.
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8290 of 2021
For Petitioner : Mr.M.S.Jeyakarthik
For Respondents : Mr.C.Ramesh
Special Government Pleader
ORDER
This Writ Petition is filed seeking a Writ of Certiorarified Mandamus,
to quash the impugned order in O.Mu.No.26510/Pa.Tho.3/Iru 2/2021,
dated 22.03.2021, passed by the first respondent and consequently to
direct the first respondent to appoint the petitioner on compassionate
ground in the respondents Department within the time limit to be fixed
by this Court.
2.Heard the learned counsel appearing for the petitioner and the
learned Special Government Pleader appearing for the respondents.
3.According to the petitioner, while his father, namely Kaliya
Perumal, was serving as a Field Worker in the respondents Department,
died on 26.03.2012. Further, according to the petitioner, he is a M.A
(Tamil) Graduate. Hence, the petitioner sent a representation to the
second respondent on 23.03.2015, seeking appointment on
compassionate ground enclosing all the documents required by the
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W.P(MD)No.8290 of 2021
respondents. On receipt of the said application, the second respondent
directed the petitioner to obtain Legal Heirship Certificate of his father,
since his father had two wives. The petitioner along with others filed a
suit in O.S.No.78 of 2016 on the file of the District Munsif and Judicial
Magistrate, Pabanasam. Pending the suit, the parties entered into the
compromise. The trial Court, based on the compromise memo, by
Judgment and Decree, dated 28.08.2017, decreed the suit in favour of
the petitioner. Thereafter, the petitioner again sent a representation to
the respondents enclosing all the required documents. The second
respondent forwarded the same to the first respondent. In the
meantime, the first respondent, vide proceedings in O.Mu.No.
26510/Pa.Tho.3/Iru2/2021, dated 22.03.2021, rejected the application
on the ground that the petitioner submitted the application seeking
compassionate appointment after a lapse of three years from the date of
death of his father. Challenging the same, the petitioner has come out
with the present Writ Petition.
4.The learned Special Government Pleader appearing for the
respondents produced the written instructions of the second respondent,
dated 24.04.2021 and submitted that the application sent by the
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W.P(MD)No.8290 of 2021
petitioner seeking appointment on compassionate ground has been sent
to the another Section (E3 Section) of the Directorate Office and the
application submitted by the petitioner is under consideration.
5.It is seen from the records that the petitioner has sent a
representation on 23.03.2015 for appointment on compassionate ground
within three years from the date of death of his father. Again he has sent
a representation to the second respondent with all the required
documents and the second respondent has forwarded the same to the
first respondent. Based on the representation of the petitioner, the first
respondent, by impugned order, dated 22.03.2021, rejected the request
of the petitioner for appointment on compassionate ground on the
ground that the petitioner has not made request for appointment on
compassionate ground within three years from the date of death of his
father. The said reason is contrary to the intervening correspondence
between the respondents. The intervening correspondence and the
written instructions given by the second respondent, which was produced
by the learned Special Government Pleader, show non-application of
mind of the first respondent and the first respondent has not properly
appreciated the materials placed before him.
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W.P(MD)No.8290 of 2021
6.For the above reasons, the impugned order, dated 22.03.2021,
passed by the first respondent is set aside. The first respondent has not
passed order based on the communication sent by the second
respondent along with the records of the deceased employee and
representation of the petitioner. In view of the written instructions given
by the second respondent, the first respondent is directed to consider
the petitioner's application for appointment on compassionate ground
suitable to his educational qualification and pass appropriate orders on
merits and in accordance with law, within a period of eight weeks from
the date of receipt of a copy of this order.
7.With the above directions, the Writ Petition is allowed. No costs.
consequently, connected Miscellaneous Petition is closed.
30.04.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8290 of 2021
V.M.VELUMANI,J.
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that
the copy of the order that is
presented is the correct copy,
shall be the responsibility of the
advocate / litigant concerned.
To
1.The Director,
O/o.The Directorate of Public Health and
Preventive Medicine,
No.359, Anna Salai,
Chennai – 6.
2.The Deputy Director of Health Services,
Thanjavur,
Thanjavur District.
W.P(MD)No.8290 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
