Madras High Court
M.Gnanaprakasam vs The District Collector on 24 August, 2021
W.P(MD)No.13290 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.13290 of 2020
and
W.M.P.(MD)No.11114 of 2020
M.Gnanaprakasam ... Petitioner
Vs.
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The Director of Medical and Rural Health Services,
No.359, Annasalai, DMS Complex,
Teynampet, Chennai- 600 006.
3.The Deputy Director of Health Services,
O/o. The Deputy Director of Health Services,
Kovilpatti, Thoothukudi District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court for issuance of Writ of Certiorarified Mandamus, calling for
the records pertaining to the impugned proceeding letter O.Mu.En.
6814/A4/2018 dated 02.11.2018 issued by the third respondent and quash the
same and consequently direct the respondents to consider the representation
dated 29.10.2018 to the first respondent with the receipt No.0602 given on
public grievances day and provide compassionate appointment.
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W.P(MD)No.13290 of 2020
For Petitioner : Mr.C.Masilamani
For Respondents : Mr.A.K.Manickam
Standing Counsel.
ORDER
This Writ Petition has been filed seeking the relief of Writ of
Certiorarified Mandamus, calling for the records pertaining to the impugned
proceeding letter O.Mu.En.6814/A4/2018 dated 02.11.2018 issued by the third
respondent and quash the same and consequently direct the respondents to
consider the representation dated 29.10.2018 to the first respondent with the
receipt No.0602 given on public grievances day and provide compassionate
appointment.
2.The petitioner's wife namely Arockia Selvi was provisionally selected
by the Medical Service Recruitment Board, Chennai and temporarily appointed
as a “Nurse” on consolidated pay in the Tamilnadu Medical subordinate Service
on 23.08.2016. While she was in service, she died on 08.10.2018 due to kidney
failure. The petitioner made an application on 29.10.2018 to the respondent
seeking appointment to him under compassionate grounds in the respondent
Department. By order dated 02.11.2018 in O.Mu.No.6814/A4/2018, the
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13290 of 2020
respondent has rejected the said application on the ground that the deceased
employee was served in a consolidated pay scale. Therefore, the petitioner is
not eligible for seeking appointment on compassionate ground. Challenging the
impugned order, this Writ Petition has been filed.
3.The learned Standing Counsel appearing for the respondent submitted
that as per G.O.(Ms)No.18, Labour and Employment(Q1) Department dated
23.01.2020, it is stated that no appointment on compassionate grounds can be
provided when the deceased employee is under contractual basis or whose
service is not regularised.
4. In State of Madhya Pradesh and Others Vs. Amit Shrivas [(2020) 10
SCC 496], the Hon'ble Apex Court has observed as follows:
“17. In our view, the aforesaid plea misses the point of
distinction between a work~charged employee, a permanent
employee and a regular employee. The late father of the respondent
was undoubtedly a work~ charged employee and it is nobody's case
that he has not been paid out of work~charged/contingency fund. He
attained the status of a permanent employee on account of having
completed 15 years of service, which entitled him to certain benefits
including pension and krammonati. This will, however, not ipso
facto give him the status of a regular employee.
...
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W.P(MD)No.13290 of 2020
...
20. The conclusion to be drawn from the aforesaid is that
attaining the status of permanent employee would entitle one only to
a minimum of the pay~scale without any increments. It is this aspect
which was sought to be emphasised by learned counsel for the
respondent to contend that this would not apply, because in the
present case, krammonati and increments were given. However, we
may note that in the order dated 7~2~2002 granting the benefit of
monetary krammonati to employees, including the respondent's
father, it was specified that the same would not affect the posts of
such employees.
21. The moot point, thus, is that having been granted
increments, could a person be said to have reached the status of a
regular employee? In order to answer this question, we may note
that while considering this aspect in the aforesaid judgment, it was
specifically opined that even ?if some persons are given the benefit
wrongly, that cannot form the basis of claiming the same relief. It is
trite that right to equality under Article 14 is not in the negative
terms.” We say so, not with the objective of giving a licence to the
appellants to withdraw any of the benefits, which are already
granted, and we make this unequivocally clear. However, we cannot
at the same time make a conclusion that the status acquired is that
of a regular employee upon having achieved the status of a
permanent employee in service.
22. Thus, the classification of the late father of the respondent
as a permanent employee, and this distinction between a
'permanent' status and a 'regular' status appears to have been lost
sight of in the impugned judgments.”
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W.P(MD)No.13290 of 2020
5.Considering the above submission of the learned Standing Counsel and
in the light of the G.O.(Ms)No.18, the service of the petitioner's wife was not
regularised and she has been received salary only on consolidated pay and
therefore the respondent has rightly rejected the claim of the petitioner and
there is no warrant to interfere with the said order passed by the respondent. I
find no illegality or irregularity in the order passed by the respondent rejecting
appointment on compassionate grounds to the petitioner.
6.In fine, the writ petition fails and it is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
24.08.2021
Index : Yes / No
Internet : Yes/ No
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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.13290 of 2020
D.KRISHNAKUMAR, J.
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To
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The Director of Medical and Rural Health Services,
No.359, Annasalai, DMS Complex, Teynampet, Chennai- 600 006.
3.The Deputy Director of Health Services,
O/o. The Deputy Director of Health Services,
Kovilpatti, Thoothukudi District.
W.P(MD)No.13290 of 2020
24.08.2021
https://www.mhc.tn.gov.in/judis/
