Madras High Court
Uma Maheswari vs The Chairman & Managing Director on 6 July, 2021
W.A.(MD).No.343 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.343 of 2019
and
C.M.P(MD).No.2764 of 2019
Uma Maheswari ...Appellant
Vs.
1. The Chairman & Managing Director,
Canara Bank Head Quarters,
No.112,, J.C.Road,
Bangalore.
2. The General Manager (Personal),
Canara Bank, Head Quarters,
No.112, J.C.Road,
Bangalore.
3. The Deputy General Manager,
Canara Bank, HRM Section,
Circle Office/HO SA/SAS, INSP WING,
East Veli Street,
Madurai – 1.
1/7
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W.A.(MD).No.343 of 2019
4. The Assistant General Manager,
Canara Bank, HRM Section,
Circle Office/HO SA/SAS, INSP WING,
East Veli Street,
Madurai – 1. ....Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to
set aside the order dated 22.09.2017 made in W.P(MD).No.18055 of
2017 on the file of this Court and allow the above writ appeal.
For Appellant : Mr.A.Rajini
For Respondents : Mr.M.Muthukumaran
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This Writ Appeal by the Writ Petitioner is directed against the
order dated 22.09.2017 made in W.P.(MD)No.18055 of 2017.
2. The request made by the appellant for grant of appointment on
compassionate grounds in the respondent Bank, on account of the
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W.A.(MD).No.343 of 2019
demise of her father has been rejected on the ground that she is a married
daughter. The correctness of the said decision was put to challenge in the
Writ Petition and the writ petition has been dismissed.
3. So far as the guidelines for compassionate appointment in the
State of Tamil Nadu is concerned, G.O.Ms.No.18, Labour and
Employment Department, dated 23.01.2020 has been issued, in which,
whose legal heirs are eligible for appointment on compassionate ground
has been specified and there are six such categories and categories are to
follow in the said order of precedents. Category No.3 includes married
daughters of the deceased Government servant, who is otherwise eligible
to be considered for compassionate appointment. However, we are
concerned about the case of an employee of a Nationalized Bank to
which the guidelines issued by the State Government are not applicable.
In terms of the guidelines issued by the Government of India, a circular
has been issued by the respondent bank in Circular No.143/2015 dated
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W.A.(MD).No.343 of 2019
20.03.2015 and in terms of clause 3.1 of the said circular, which defines
Dependent Family Member in which, married daughter has not been
included. If the married daughter is not a dependent, in terms of the
guidelines of the Scheme of the respondent Bank, which is by way of
implementation of the Government of India instructions, then the Writ of
Mandamus cannot be issued to violate the guidelines and grant
appointment to the appellant. This is more so because, the category of
appointment on compassionate ground itself is an exception to the
Constitutional provisions contained in Articles 14 & 16, which provide
that there can be no discrimination in Public employment. The object of
the scheme is to overcome the financial crisis, which will be put to on
account of the demise of the breadwinner. Therefore, the appointment
on compassionate ground is not a separate source of recruitment. In the
light of the above, the relief sought for by the appellant cannot be
granted.
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W.A.(MD).No.343 of 2019
4. Accordingly, we confirm the order passed in the Writ Petition
and for the reasons assigned by us above, this Writ Appeal stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
(T.S.S.,J.) (S.A.I.,J.)
06.07.2021
Index : Yes/No
Internet : Yes/No
kmm/sm
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.343 of 2019
To
1. The Chairman & Managing Director,
Canara Bank Head Quarters,
No.112,, J.C.Road,
Bangalore.
2. The General Manager (Personal),
Canara Bank, Head Quarters,
No.112, J.C.Road,
Bangalore.
3. The Deputy General Manager,
Canara Bank, HRM Section,
Circle Office/HO SA/SAS, INSP WING,
East Veli Street,
Madurai – 1.
4. The Assistant General Manager,
Canara Bank, HRM Section,
Circle Office/HO SA/SAS, INSP WING,
East Veli Street,
Madurai – 1.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.343 of 2019
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm/sm
Order made in
W.A.(MD).No.343 of 2019
and
C.M.P(MD).No.2764 of 2019
Dated:
06.07.2021
https://www.mhc.tn.gov.in/judis/
