Madras High Court
Seethalakshmi vs The Secretary And Department Of ... on 27 January, 2021
W.A.(MD)No.686 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A.(MD)No.686 of 2012
Seethalakshmi ...Appellant /Writ Petitioner
-Vs-
1.The Secretary and Department of Tiny and
Small Industries,
Government of Tamil Nadu,
Fort, St. George,
Chennai – 600 009.
2.The Tamil Nadu Small Industries Corporation
Ltd., ( TANSI),
Thiru.Vi.Ka.Industrial Estate,
Guindy,
Chennai – 600 032. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the
order passed by the Hon'ble Court in W.P.No.14227 of 2011, dt:14.12.2011 and
allow the Writ Petition.
For Appellant : Mrs.Vijayakumari Natarajan
For Respondents : Mr.K.P.Narayanakumar
Special Government Pleader
JUDGEMENT
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W.A.(MD)No.686 of 2012
(Order of the Court was delivered by S. KANNAMMAL, J.)
The instant Writ Appeal is directed against the order, dated 14.12.2011 made
in W.P (MD)No.14227 of 2011.
2.The short facts leading to the filing of Writ Appeal are as follows:
The father of the writ petitioner/appellant Mr. Solaiappan, while serving as a
Storekeeper in Tamil Nadu Small Industries Corporation (TANSI) in Pettai,
Tirunelveli, died on 14.02.1994, leaving behind the petitioner, her mother namely
Vaiyammal and two sons.
3.The writ petitioner was not able to make any application seeking
compassionate appointment since she did not attain majority and she was only
14 years old at the time of her father’s death.
4.Subsequently, the petitioner applied for compassionate appointment only
on 11.01.2008, but the said representation was not considered in view of the ban
order issued by the Government. However, when the petitioner was informed by
communication, dated nil August 2008, declining to consider her request to
appoint her on compassionate ground, she challenged the said order in
W.P(MD)No.10229 of 2008 to quash the communication, dated 10.09.2008 issued
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W.A.(MD)No.686 of 2012
by the second respondent therein, namely, Tamil Nadu Small Industries
Corporation Ltd., (TANSI), Government of Tamil Nadu, Chennai.
5. In the above said Writ Petition, vide order dated 10.02.2010, a direction
was issued to the second respondent therein, to consider the case of the writ
petitioner by taking into account the overall circumstances. In the light of the said
order, the second respondent therein vide order dated 08.07.2010, declined to
consider the request of the petitioner for compassionate appointment.
6. Aggrieved by the said order dated 08.07.2010, W.P(MD)No.14227 of
2011 has been filed by the writ petitioner on the ground that the Government has
issued G.O.Ms.No.165, Labour and Employment Department (Q2) Department,
dated 30.08.2010, by which, it has been made clear that the married daughter is
also entitled to get employment on compassionate ground.
7. However, after hearing the learned counsel for the parties, the learned
Single Judge vide order dated 14.12.2011, dismissed the said writ petition and
rejected the plea of the writ petitioner/appellant for appointment on compassionate
ground, which is under challenge in this writ appeal.
8. Heard the learned counsel appearing for the appellant and the learned
Special Government Pleader appearing for the respondents and perused the
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W.A.(MD)No.686 of 2012
materials placed before the Court.
9. The learned Single Judge while dismissing the writ petition has made an
observation that G.O.Ms.No.165, dated 30.08.2010 cannot be applied to old cases
which was already considered and rejected by the respondents. Besides it was
further held that the writ petitioner had applied for compassionate appointment
after (14) fourteen years from the date of death of her father ie., 14.02.1994.
10. On perusal of records, it is seen that the appellant has filed her first
application for compassionate appointment on 11.01.2008. As per the copy of the
application annexed in Page No.6 of the typed set of papers, her date of birth is
shown as 30.06.1978. The time limit for filing application seeking appointment on
compassionate ground is three years from the date of death of the employee,
whereas the writ petitioner filed her application on 11.01.2008, which is obiviously
a belated one. Further, though the petitioner has claimed her right in view of
G.O.M.S.No.165, dated 30.08.2010, the said G.O., cannot have any retrospective
effect and cannot be applied to old cases.
11.In view of the above, we are of the view that the learned Single Judge
has correctly dismissed the Writ Petition with clear reasoning. Therefore, no
interference is required at the hands of this Court. Hence, the Writ Appeal is liable
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W.A.(MD)No.686 of 2012
to be dismissed.
12.Accordingly, this Writ Appeal stands dismissed by confirming the order,
dated 14.12.2011 passed in W.P (MD)No.14227 of 2011. No costs.
(P.S.N.J.,) (S.K.J.,)
27.01.2021
Internet: Yes/No
Index : Yes/No
vsd
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.
To
1.The Secretary and Department of Tiny and
Small Industries,
Government of Tamil Nadu,
http://www.judis.nic.in
W.A.(MD)No.686 of 2012
Fort, St. George,
Chennai – 600 009.
2.The Tamil Nadu Small Industries Corporation
Ltd., ( TANSI),
Thiru.Vi.Ka.Industrial Estate,
Guindy, Chennai – 600 032.
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W.A.(MD)No.686 of 2012
PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsd
Judgment made in
W.A.(MD)No.686 of 2012
27.01.2021
http://www.judis.nic.in
