Madras High Court
K.Periyasamy vs The State Of Tamil Nadu on 10 August, 2021
W.P(MD)No.4679 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.4679 of 2018
K.Periyasamy ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Fort.St.George,
Chennai – 9.
2. The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
3. The Divisional Forest Officer,
Crash Plantation Division,
Karur. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records of the third respondent in Na.Ka.No.2498/2016/pa2 dated 05.07.2017
and quash the same with consequential direction to the respondents to
reconsider the petitioner's claim with regard to compassionate appointment in
the light of the order passed by this Court in W.P.No.13613 of 2011 dated
30.09.2011 and W.A.No.524 of 2012 dated 16.04.2012 within the time frame.
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W.P(MD)No.4679 of 2018
For Petitioner : M/s.K.Jenitha
For Respondents : Mr.A.K.Manickam,
Government Counsel.
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified
Mandamus, to call for the records of the third respondent in Na.Ka.No.
2498/2016/pa2 dated 05.07.2017 and quash the same with a consequential
direction to the respondents to reconsider the petitioner's claim with regard to
compassionate appointment in the light of the order passed by this Court in
W.P.No.13613 of 2011 dated 30.09.2011 and W.A.No.524 of 2012 dated
16.04.2012 within the time frame.
2. Heard the learned counsel appearing for the petitioner and the learned
Government Counsel appearing for the respondents.
3. According to the petitioner, the petitioner's father was appointed as
Social Forestry Division at Kulithalai range. After rendering a long service i.e.,
more than 26 years, as per G.O.Ms.No.95, his father's service was brought into
regular time scale of pay in supernumerary post. His father died on 21.06.2012
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W.P(MD)No.4679 of 2018
while in service. Since his father was the only breadwinner of the family, his
mother submitted a representation on 17.01.2014 to the second respondent for
family pension and for compassionate appointment. The said application was
rejected on the ground that the petitioner was appointed as a daily wage
employee in the respondent department. Thereafter, the petitioner filed a writ
petition in WP.No.31276 of 2016 for a compassionate appointment. The said
writ petition was disposed of with a direction to the second respondent to
consider the representation dated 17.01.2014 submitted by the petitioner's
mother seeking compassionate appointment to the petitioner and pass
appropriate orders in the light of the judgment of the First Bench of this Court
dated 16.04.2012 made in W.A.No.524 of 2012. The third respondent after
receiving the copy of the order of this Court, could not comply with the
direction of this Court and rejected the application for compassionate
appointment vide his impugned proceedings dated 05.07.2017. Challenging the
same, the present writ petition has been filed before this Court.
4. Additional counter affidavit has been filed by the third respondent. In
the additional counter affidavit, he has stated as follows:
''It is respectfully submitted that the request
of the petitioner sought for in WP.(MD) No.4679 of
2017 has been reconsidered on the basis of
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W.P(MD)No.4679 of 2018
Government letter and Principal Chief Conservator
of Forests, Chennai instructions in Letter
no.S2/16585/2018 dated 02.05.2018, the petitioner
has been asked to submit application along with all
required certificates in the office Ref no.2498 of
2016 E2 dated 08.06.2018, since no application
specifying the post and the required certificates not
received till date from the petitioner. It is
submitted that on receipt of application and all
required certificates from the petitioner, immediate
action will be taken to submit the proposal for
compassionate ground appointment to the Principal
Chief Conservator of Forests, Chennai''.
5.The learned counsel for the petitioner urges this Court to afford an
opportunity to the petitioner to submit the required documents to the third
respondent and based on the said documents, the third respondent may be
directed to consider the request for the compassionate appointment.
6.On considering the the submissions made by the learned counsel on
either side and also the additional counter affidavit filed by the third
respondent, the impugned order dated 05.07.2017 passed by the third
respondent is quashed and remitted the matter back to the third respondent to
consider afresh and pass appropriate orders. In the meantime, the petitioner
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W.P(MD)No.4679 of 2018
shall submit the required documents to the third respondent as stated in the
preceding paragraph within a period of two weeks from the date of receipt of a
copy of this order. If such documents are submitted by the petitioner, the 3rd
respondent shall consider the same in accordance with law and pass appropriate
orders at the earliest, preferably within a period of 12 weeks thereafter. In case,
the petitioner fails to file the documents within the aforesaid period, the
respondent shall communicate the petitioner for rejecting his claim.
7. The Writ Petition stands allowed with the above direction. No costs.
10.08.2021
Index : Yes / No
Internet : Yes/ No
dn
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.P(MD)No.4679 of 2018
To:
1.The Secretary to Government,
State of Tamil Nadu,
Environment and Forest Department,
Fort.St.George,
Chennai – 9.
2. The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
3. The Divisional Forest Officer,
Crash Plantation Division,
Karur.
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W.P(MD)No.4679 of 2018
D.KRISHNAKUMAR, J.
dn
W.P(MD)No.4679 of 2018
10.08.2021
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