Madras High Court
The Director Of School Education vs T. Aruljothi on 26 August, 2021
W.A. No.2086 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2086 of 2021
and C.M.P.No.13196 of 2021
1. The Director of School Education,
D.P.I. Campus, College Road,
Chennai - 600 006.
2. The Joint Director of School Education,
D.P.I. Campus, College Road,
Chennai - 600 006.
3. The District Educational Officer,
Tiruppur, Tiruppur District. ...Appellants
Vs.
T. Aruljothi ...Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set aside
the order dated 29.03.2021 in W.P.No.32749 of 2016 and allow this Writ
Appeal.
****
For Appellants : Mr.R.Neelakandan,
State Government Counsel
JUDGMENT
http://www.judis.nic.in
W.A. No.2086 of 2021
(Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.)
The Writ Appeal is directed against the order dated 29.03.2019
passed by the learned Single Judge in W.P.No.32749 of 2016.
2. The respondent herein is the writ petitioner, who had sought
for an appointment on compassionate grounds, subsequent to the death of
his father, who died on 02.02.1998. The father of the petitioner, viz.,
M.Tamilarasu was working as P.G Assistant in the Government Higher
Secondary School, Kumaralingam, Tiruppur District. He was survived by
his wife, two daughters and one son. Even within a month of the death of
the said Tamilarasu (petitioner's father), the writ petitioner's mother had
made an application on 29.01.2001 seeking for appointment on
compassionate grounds for her son, which was rejected by the District
Educational Officer, Pollachi, on 11.12.2000 stating that the first legal heir
of the deceased should have made such application. Therefore, the second
application was made by the mother of the writ petitioner on 29.01.2001
stating that she was suffering from illness and that her second daughter may
be considered for the appointment, which was also well within the time.
However, after 15 years, an order came to be passed by the third appellant
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W.A. No.2086 of 2021
herein on 27.07.2016, rejecting the writ petitioner's application on untenable
grounds. The learned Single Judge, while considering the writ petition,
passed an elaborate order as to how the officials are piling up the files on
their desk without taking appropriate action within time.
3. After considering the duties and responsibilities of the
Government servants based on the judicial precedents, the Writ Court set
aside the order of the third appellant and remanded the matter back to the
authorities to consider the same in accordance with law, in the light of the
recent G.O.Ms.No.18, Labour and Employment Department(Q1) dated
23.01.2020 within a period of eight weeks from the date of receipt of a copy
of that judgment. Not stopping with that, for the sufferings undergone by
the writ petitioner and his family, the Writ Court had also awarded a sum of
Rs.1,00,000/- (Rupees one lakh only) as costs to be recovered from the
salaries of the Officials concerned and be paid to the writ petitioner.
4. Mr.R.Neelakandan, learned State Government Counsel, who
appeared on behalf of the appellants, is not able to assail the order on valid
grounds, as the learned Single Judge analyzed the facts threadbare and such
order has to be confirmed. He also submitted that the appellants would
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W.A. No.2086 of 2021
comply with the order and report compliance before this Court, but only
pleaded that the costs awarded by the learned single Judge may be set aside.
Accordingly, the appellants are directed to comply with the order of the
learned Single Judge dated 29.03.2021 within a period of four weeks from
the date of receipt of copy of the judgment. Once the compliance is reported,
Clause (ii) of paragraph 14 of the order dated 29.03.2021 made in
W.P.No.32749 of 2016 would stand set aside.
5. Accordingly, the Writ Appeal is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
6. Post the matter on 04.10.2021 'for reporting compliance'.
[P.S.N., J.] [K.R., J.]
26.08.2021
Index : Yes/No
Internet : Yes/No
srn
http://www.judis.nic.in
W.A. No.2086 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.2086 of 2021
and C.M.P.No.13196 of 2021
26.08.2021
http://www.judis.nic.in
