K.Chellammal vs The Superintendent Of Police
2021 Latest Caselaw 16165 Mad

                                                                          W.A(MD)No.1550 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 09.08.2021


                                                        CORAM:
                                   THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
                                                     and
                                   THE HONOURABLE MR.JUSTICE M.DURAISWAMY

                                              W.A(MD)No.1550 of 2021


                     1.K.Chellammal
                     2.Karna Kumar                                  ... Appellants

                                                         Vs.

                     1.The Superintendent of Police,
                       O/o District Police Office,
                       Theni District, Theni.

                     2.The Inspector of Police,
                       Gudalur,
                       Theni District.                              ... Respondents


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order, dated 09.07.2021 made in W.P(MD)No.8688 of
                     2021 on the file of this Court.


                                      For Appellant            : Mr.R.Suriya Narayanan

                                      For Respondents        : Mr.P.Thilakkumar
                                                        Standing Counsel for Government


                                                         *****




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                                                                        W.A(MD)No.1550 of 2021



                                                     JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN,J.)

The writ appeal has been filed against the order of dismissal

made W.P.(MD)No.8688 of 2021, dated 09.07.2021, filed by the

appellants, challenging the order of rejection dated 08.09.2020, by

which, the appellants' request for compassionate appointment for

the second appellant, was rejected by the authority.

2. The first appellant's husband viz., K.Gandhi as Special Sub

Inspector of Police had died in the accident on 12.11.2009.

Therefore, the first appellant made an application on 18.11.2010 for

compassionate appointment to the second appellant, who is her

younger son. Subsequently, another representation was given on

02.12.2013. The second appellant also made an application on

15.07.2014 along with necessary documents. However, the first

respondent, by virtue of an order dated 08.09.2020, rejected the

appellants' claim for compassionate appointment, on the ground

that the first appellant's elder son is already employed as a

Constable in the Government service. The said order has been

challenged before the learned Single Judge.

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W.A(MD)No.1550 of 2021

3. The learned Single Judge, after taking into consideration

the submissions made by either side, confirmed the order passed by

the first respondent. Against which only, the present Writ Appeal

has been filed by the appellants.

4. Heard Mr.R.Suriya Narayanan, learned Counsel appearing

for the appellants, who would submit that though the first

appellant's elder son is a Government employee, he failed to take

care of the family members, after the death of the first appellant's

husband. Moreover, the impugned order does not give any reasons

for rejecting the application for compassionate appointment.

5. Heard Mr.P.Thilakkumar, learned Standing Counsel for the

Government, who takes notice for the respondents and perused the

materials placed on record.

6. It is not in dispute that the first appellant's elder son is

already employed in Government service and there is no proof that

the said son is not looking after the family members, after the death

of the first appellant's husband. Compassionate appointment is in

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W.A(MD)No.1550 of 2021

deviation of the regular appointment and the objective of the

Compassionate appointment Scheme is to grant appointment on

compassionate grounds to an eligible dependent family member of a

Government servant dying in harness, thereby leaving his family in

penury and without any means of livelihood. It cannot be a regular

source of employment. The order passed by the first respondent,

as confirmed by the learned Single Judge does not suffer from any

illegality or irregularity. Therefore, the Writ Appeal fails and the

same is dismissed. No costs.

[N.K.K.,J] [M.D.,J.] 09.08.2021 Index :Yes/No Internet :Yes/No SSL

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.

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W.A(MD)No.1550 of 2021

To

1.The Superintendent of Police, O/o District Police Office, Theni District, Theni.

2.The Inspector of Police, Gudalur, Theni District.

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

W.A(MD)No.1550 of 2021

N.KIRUBAKARAN,J.

and M.DURAISWAMY,J.

SSL

W.A(MD)No.1550 of 2021

09.08.2021

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