Madras High Court
Gopi Selva Sankaar vs The Managing Director on 8 July, 2021
W.A.(MD) No.783 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM
THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
and
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.783 of 2021
Gopi Selva Sankaar ...Appellant
-Vs-
1.The Managing Director,
Tamil Nadu Civil Supplies Corporation,
No.12, Thambusamy Road,
Kilpauk, Chennai – 600 010.
2.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Tirunelveli. ...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 28.02.2018 made in W.P.(MD)No.18309 of 2013.
For Appellant : Mr.Aayiram Selvakumar
For Respondents : Mr.H.Arumugam
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W.A.(MD) No.783 of 2021
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
Heard Mr.Aayiram Selvakumar, learned counsel appearing for the
appellant and Mr.H.Arumugam, learned counsel appearing for the
respondents.
2. This Writ Appeal by the writ petitioner is directed against the
order in W.P.(MD)No.18309 of 2013 dated 23.02.2018.
3. The said Writ Petition was filed by the appellant challenging the
correctness of the order dated 10.01.2013 and 18.04.2013, passed by the
second respondent and for a consequential direction to provide
appointment to the appellant on compassionate ground.
3. The appellant's father was working as Office Assistant in the
office of the second respondent and died in harness on 19.04.2008. On
20.01.2012, the appellant's mother preferred an application requesting for
grant of appointment on compassionate ground for the appellant. The
second respondent, by communication dated 27.01.2012, called for
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W.A.(MD) No.783 of 2021
certain details and directed the appellant to submit the application in the
proper format. Subsequently, by communication dated 26.09.2012, the
original certificates of the appellant were called for and verified for its
correctness. However, by order dated 10.01.2013, the second respondent
rejected the petitioner's application on the ground that it has been filed
after three years after the demise of the appellant's father. As noted
above, the appellant's father passed away on 19.04.2008 and the
application filed by the petitioner is dated 20.01.2012. According to the
second respondent, the application should have reached the office of the
second respondent not later than 18.04.2011. Admittedly, at the relevant
point of time, the respondent Civil Supplies Corporation did not have a
scheme for grant of appointment on compassionate ground, but for
following the Government guidelines. As of now, the respondents
Corporation has adopted the guidelines prescribed by the Government in
G.O.Ms.No.18, Labour and Employment Department, dated 23.01.2020.
The learned Single Judge had proceeded to take note of the legal position
as to how the applications for compassionate ground appointment have
to be considered. There can be no second opinion on the said aspect as
the law is well settled to the effect that appointment of compassionate
appointment is not a source of employment and it is given to tide over
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W.A.(MD) No.783 of 2021
the difficult circumstances to which the family of the deceased employee
would be pushed upon the untimely deceased of the breadwinner. In our
view, a slightly lenient approach is required to adopt in the case on hand,
as the delay is less than a year. To be precise, about nine months.
Therefore, the second respondent can consider the request made by the
appellant for grant of appointment on compassionate ground. However,
we make it clear that the order shall not be treated as precedent, but have
been passed taking note of the peculiar facts and circumstances of the
case.
4. In the result, this Writ Appeal is allowed. The order passed in
the Writ Petition is set aside. Consequently, the Writ Petition is allowed
and the orders dated 10.01.2013 and 18.04.2013 passed by the second
respondent are set aside and the second respondent is directed to provide
appointment to the petitioner on compassionate ground. This direction
can be complied with within a period of three months from the date of
receipt of a copy of this order. No costs.
[T.S.S. J.,] [S.A.I. J.,]
08.07.2021
Index : Yes/No
Internet : Yes
vsm
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W.A.(MD) No.783 of 2021
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 Managing Director,
Tamil Nadu Civil Supplies Corporation,
No.12, Thambusamy Road,
Kilpauk, Chennai – 600 010.
2.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Tirunelveli.
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W.A.(MD) No.783 of 2021
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
vsm
W.A.(MD)No.783 of 2021
08.07.2021
https://www.mhc.tn.gov.in/judis/
