Madras High Court
R.Vimala vs The Assistant Executive Engineer on 19 April, 2021
W.A.(MD)No.846 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.04.2021
CORAM :
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.846 of 2021
and
CMP(MD).No.3763 of 2021
R.Vimala
... Appellant/Petitioner
Vs
The Assistant Executive Engineer,
Public Works Department,
Water Basin Sub Division No.1,
Thanjavur-7.
... Respondent/Respondent
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 19.01.2021, passed in W.P(MD).No.1889 of 2017.
For Appellant : Mr.Veera Kathiravan
Senior Counsel
for M/s.Veera Associates
For Respondent : Mr.K.P.Krishnadoss,
Special Government Pleader
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W.A.(MD)No.846 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This writ appeal is directed against the order passed in
W.P(MD).No.1265 of 2021, dated 27.01.2021.
2. The appellant is the daughter of one Mr.Ramachandran, who was
formerly working as Works Inspector in the respondent-Department and
died in harness. Challenging the respondent's proceedings, dated
06.10.2016, by which, the request made by the appellant for considering her
for appointment on compassionate ground, was rejected.
3. The learned Writ Court held that the order of rejection does not call
for interference and that grant of employment on compassionate ground is
not a source of recruitment nor a bonanza. Aggrieved by the said order, the
appellant is before us.
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W.A.(MD)No.846 of 2021
4. We have elaborately heard Mr.Veera Kathiravan, learned Senior
Counsel appearing for the appellant and Mr.K.P.Krishnadoss, learned
Special Government Pleader appearing for the respondent.
5. At the first blush, on perusal of the order impugned in the writ
petition dated 06.10.2016, one gets an expression that the request made by
the appellant for grant of appointment on compassionate ground was rightly
rejected, but, on a closer scrutiny of the facts and considering the
circumstances which are prevailing even as on date, we are inclined to take
a different view and grant appropriate relief to the appellant.
6. We support such conclusion with the following reasons:
The appellant's father Ramachandran was married to Tmt.Saroja, who
is the mother of the appellant. The said Tmt.Saroja died on 25.11.1981,
leaving behind her husband Ramachandran and appellant herein as her two
legal heirs. The appellant's father married one Kamala as the second wife
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W.A.(MD)No.846 of 2021
and through her, he had two sons, by name, Muruganantham and
Bharathirajan. The appellant's father died in harness on 25.07.1997 and the
legal heirs were entitled to apply for grant of appointment on compassionate
ground. The appellant submitted an application on 20.11.1998 and was fully
eligible for being considered at that point of time. However, the second wife
of appellant's father raised an objection and she filed an application for
grant of appointment on compassionate ground to herself. This was rejected
by the Department on 27.05.1999. The step mother of the appellant did not
challenge the said order. On the date when the appellant's father died, that is
on 27.05.1997, the elder son born to the second wife was aged about 11
years.
7. This is precisely of the reason, the second wife had filed an
application for grant of appointment for herself. It appears that the appellant
has been requesting her step mother to grant 'No Objection Certificate' to
her, so that, her application for compassionate appointment can be
processed and she would get that employment and the step mother refused
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W.A.(MD)No.846 of 2021
to do so and dragged on the matter for about more than seven years. In the
affidavit filed in support of the writ petition, the attrocities met out to her
have been set out, which we need not be examined.
8. Be that as it may, the step brother of the appellant -
Muruganantham applied for grant of compassionate appointment on
16.02.2007. This was rejected by the Department on 09.03.2010. It is an
undisputed fact that at the relevant point of time, the appellant had given No
Objection Certificate for her step brother Muruganantham to apply. The fact
remains that the application was rejected by an order dated 09.03.2010,
which was challenged by Muruganantham by filing W.P.No.11292 of 2010.
The said writ petition was dismissed on 09.03.2011. The step brother did
not proceed further and the matter attained finality.
9. In this factual back ground, the appellant requested the Department
to consider her case by submitting representation which has been rejected
by an order dated 06.10.2016. Considering the peculiar facts and
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W.A.(MD)No.846 of 2021
circumstances of the case, the No Objection Certificate issued by the
appellant in favour of her step brother cannot be considered as an
impediment for the appellant's application to be considered.
10. In any event, the step brother's application and the step mother's
application were rejected and those orders have attained finality. That apart,
it is not in dispute that the first application given by the appellant for grant
of appointment on compassionate ground was on 20.11.1998, well within
the three year period as her father died on 27.05.1997. Thus, considering the
peculiar facts and circumstances of the case, we are of the considered view
that the application given by the appellant for grant of appointment on
compassionate ground should be considered on merits, that is, to meet other
issues as to whether that the appellant is in indigent circumstances etc., and
not on any other ground.
11. Accordingly, the writ appeal is allowed. The order passed in the
writ petition is set aside and consequently, the order passed by the
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W.A.(MD)No.846 of 2021
respondent dated 06.10.2016 is also set aside and the respondent is directed
to consider the appellant's application for grant of appointment on
compassionate ground, assess her financial capacity and pass orders within
a period of six weeks from the date of receipt of a copy of this judgment. No
costs. Consequently, connected miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
19.04.2021
Index : Yes/No
Internet : Yes/No
pkn
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
The Assistant Executive Engineer,
Public Works Department,
Water Basin Sub Division No.1,
Thanjavur-7.
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W.A.(MD)No.846 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD) No.846 of 2021
19.04.2021
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