Madras High Court
The Commissioner vs Pechiyammal on 20 July, 2021
W.A.(MD).No.782 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.782 of 2020
and
C.M.P.(MD) No.4449 of 2020
1. The Commissioner,
Trichiruppalli City Corporation,
Trichiruppalli.
2. The Assistant Commissioner,
Ariyamangalam Division,
Trichiruppalli City Corporation,
Trichiruppalli. ...Appellants
Vs.
Pechiyammal ....Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.782 of 2020
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set
aside the order dated 23.08.2018, passed in W.P(MD).No.18271 of 2018
on the file of this Court.
For Appellants : Mr.N.S.Karthikeyan
For Respondent : Mr.S.Muthukrishnan
----
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This writ appeal is directed against the order, dated
23.08.2018, passed in W.P(MD).No.18271 of 2018 .
2.We have heard Mr.N.S.Karthikeyan, learned Counsel
appearing for the appellants and Mr.S.Muthukrishnan, learned counsel
appearing for the respondent.
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W.A.(MD).No.782 of 2020
3.Peculiar situations would require peculiar remedy to be
granted and at that times compassion needs to be exercised by the
Constitutional Court but not to misplace the sympathy.
4.The learned Single Bench in this case has exercised
discretion noting the peculiar facts and circumstances of the case.
5.One Nagammal was working as a Sweeper in the
Appellant Corporation and died in harness on 08.12.2000. The
respondent / writ petitioner Petchiammal, claimed that she is the sole
legal heir of her mother and requested for disbursement of the monetary
benefits payable to her mother.
6.The appellant Corporation stated that in the Service
Register, the name of the petitioner’s mother’s sister, Muniammal and
Petchiammal, the name of the writ petitioner has been included. The net
result is the monetary benefits were not been disbursed. The matter went
before Court and O.S.No.1452 of 2008 was filed before the III
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W.A.(MD).No.782 of 2020
Additional District Munsif Court, Trichirappalli. The matter was
pending and ultimately in the Lok Adalat, a settlement was arrived at and
the settlement ripened into a decree dated 08.07.2017, by which the writ
petitioner’s aunt (i.e. her mother’s sister) agreed to receive the entire
monetary benefits payable to the deceased Nagammal and the respondent
/ writ petitioner can avail the benefit of appointment on compassionate
grounds. These factors waived in the mind of the learned Writ Court to
grant the relief.
7.In our considered view, the exercise of discretion by the
learned Writ Court cannot be termed to be either arbitrary or
unreasonable and considering the peculiar facts and circumstances of the
case, the relief was granted. Therefore, we do not wish to accept the
finding recorded by the learned Writ Court nor the relief granted.
8.In the result, the writ appeal fails and the same dismissed.
The appellant Corporation is directed to afford appointment to the
respondent/ writ petitioner on compassionate grounds within a period of
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W.A.(MD).No.782 of 2020
two months from the date of receipt of a copy of this judgment and with
regard to disbursement of monetary benefits, the appellant Corporation is
directed to do so in accordance with terms of the compromise decree in
O.S.No.1452 of 2008 as recorded in the Lok Adalat on 08.07.2017. No
costs. Consequently, connected miscellaneous petition is closed.
(T.S.S.,J.) & (S.A.I.,J.)
20.07.2021
Index : Yes/No
Internet : Yes/No
RM
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.A.(MD).No.782 of 2020
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
RM
W.A.(MD).No.782 of 2020
20.07.2021
https://www.mhc.tn.gov.in/judis/
