M.Kannan vs The State Of Tamil Nadu
2021 Latest Caselaw 15740 Mad

                                                                           W.P.(MD)No.10171 of 2018


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 04.08.2021

                                                     CORAM

                                   THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                           W.P.(MD) No.10171 of 2018
                                        W.M.P.(MD)Nos.9226 & 9227 of 2018


                     M.Kannan                                                ... Petitioner
                                                       Vs.

                     1.The State of Tamil Nadu,
                       Represented by its Secretary,
                       Department of Municipal Administration
                         and Water Supply,
                       Secretariat, Chennai – 600 009.

                     2.The Commissioner,
                       Dindigul Corporation,
                       Dindigul.                                              ... Respondents

                     PRAYER: Petition filed under Article 226 of the Constitution of India,
                     to issue a Writ of Certiorarified Mandamus, to call for the records
                     pertaining to the impugned order in O.Mu.No.1157/2018/H2, dated
                     28.02.2018 on the file of the respondent No.2 and quash the same as
                     illegal and consequently direct the respondent No.1 to appoint the
                     petitioner as sweeper on compassionate ground or any other suitable post
                     on the basis of his educational qualification with the respondent No.2
                     corporation with consequential benefits within the time period stipulated
                     by this Court.


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                                                                            W.P.(MD)No.10171 of 2018


                                    For Petitioner    :    Mr. T.Thirumurugan
                                    For Respondents :      Mr. A.K.Manickam,
                                                           Standing Counsel for State for R1
                                                           Mr.J.Lawrence,
                                                            Standing Counsel for R2

                                                     ORDER

This Writ Petition has been filed challenging the order dated

28.02.2018, passed by the second respondent and for a consequential

direction to the second respondent to appoint the petitioner as sweeper on

compassionate ground or any other suitable post on the basis of his

educational qualification in the respondent No.2 corporation with

consequential benefits.

2. The writ petitioner's mother was working in the second

respondent Corporation as Sweeper and she died on 09.02.2013, while

she was in service. Before her death, she filed a suit in O.S.No.814 of

2012, before the Additional District Munsif Court, Dindigul to declare

that the petitioner is an adopted son of the aforesaid deceased employee.

During the pendency of the suit, she died on 09.02.2013. The petitioner

has given a representation on 03.04.2014, seeking appointment on

compassionate ground. The respondents called upon the petitioner to https://www.mhc.tn.gov.in/judis/

W.P.(MD)No.10171 of 2018

produce legal heir certificate and other documents. In the aforesaid suit,

the death of Mariammal was recorded and her brother, who is the

biological father of the petitioner, was prosecuted the case, The suit filed

by the deceased Mariammal, was decreed on 23.08.2016, declaring that

the petitioner is adopted son of the deceased Mariammal. After

obtaining the decree, again the petitioner made a representation to the

respondents on 07.04.2017, seeking to provide service benefits as well as

compassionate appointment. However, by the impugned order dated

28.02.2018, the respondents have rejected the same on the ground that

the application for compassionate appointment was not given within

three years from the date of death of petitioner's mother. Hence, the

petitioner has come out with the present Writ Petition.

3. The learned counsel appearing for the petitioner would submit

that the issue for submitting the application beyond three years has been

elaborately considered by the Division Bench of this court in W.A.

(MD)No.1407 of 2016, dated 14.07.2016. The petitioner relying on the

said judgment, seeks to quash the impugned proceedings and to consider

his representation afresh and prayed for appropriate orders.

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W.P.(MD)No.10171 of 2018

4. The learned counsel appearing for the respondents submitted

that the petitioner has not submitted his application on 03.04.2013.

There is no proof available on the records as well as the typed set of

papers. Subsequently, the petitioner made a representation on

07.04.2017. The said representation was duly considered and rejected on

the ground that the aforesaid application was submitted by the petitioner

beyond three years period. Therefore, in the light of the Government

Order, the impugned order is perfectly in order and it does not call for

any interference.

5. Heard the learned counsel appearing for the petitioner and the

learned Standing Counsel for the State appearing for the respondents and

perused the materials available on record.

6. On a perusal of the records, it is seen that a suit in O.S.No.814

of 2012 was filed by the deceased Mariammal and after the death of the

said Mariammal, the petitioner and her biological father have prosecuted

the same and obtained a decree before the civil Court. The Division

Bench of this Court in W.A.(MD)No.1407 of 2016, dated 14.07.2016,

has elaborately considered the issue for submitting the application

seeking for compassionate ground, beyond the three years period. https://www.mhc.tn.gov.in/judis/

W.P.(MD)No.10171 of 2018

7. Considering the aforesaid facts and circumstances as well as the

submission of the petitioner, this Court is of the view that one more

opportunity shall be granted to the petitioner to submit a detailed

representation to the second respondent Municipality, including the

evidence submitting his application on 03.04.2013, seeking for

compassionate appointment, within a period of two weeks from the date

of receipt of a copy of this order. If any such application is submitted by

the petitioner, the second respondent is directed to consider the same and

pass orders on merits and in accordance with law within a period of

twelve weeks thereafter.

8. With the above directions, this Writ Petition is allowed and

consequently, the impugned order is quashed. No costs. Consequently,

connected miscellaneous petitions are closed.

04.08.2021 Index : Yes/No Internet : Yes /No vsm 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. https://www.mhc.tn.gov.in/judis/

W.P.(MD)No.10171 of 2018

D.KRISHNAKUMAR, J.

vsm

To

1.The Secretary, State of Tamil Nadu, Department of Municipal Administration and Water Supply, Secretariat, Chennai – 600 009.

2.The Commissioner, Dindigul Corporation, Dindigul.

W.P.(MD).No.10171 of 2018

04.08.2021

https://www.mhc.tn.gov.in/judis/