Madras High Court
The State Of Tamil Nadu vs S.Vanaja on 10 June, 2021
W.A.(MD)No.1080 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:10.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1080 of 2020
and
C.M.P(MD) No.5890 of 2020
1.The State of Tamil Nadu,
Represented by its Secretary,
Educational Department,
Chennai.
2.The Joint Director,
Department of School Education,
Chennai-600 006.
3.The District Educational Officer,
Ramanathapuram District,
Ramanathapuram.
4.The Headmaster,
Government High School,
Thirupalaikudi, Tihruvadanai Taluk,
Ramanathapuram District. ... Appellants/ 1 to 4
Respondents
Vs.
S.Vanaja ... Respondent/Writ Petitioner
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.1080 of 2020
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 28.02.2020 passed in W.P(MD) No.25731 of 2019.
For Appellants : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent : Mr.K.Mahendran
JUDGEMENT
************
[Judgment of the Court was made by T.S.SIVAGNANAM, J.]
This Writ Appeal by the State is directed against the order dated
28.02.2020, in W.P(MD).No.25731 of 2019, filed by the respondent herein.
2.The said Writ petition was disposed of by common order along with
another Writ Petition in W.P(MD).No.17347 of 2018. However, the appellants
have not filed separate appeal against the said order.
3.We have heard Mr.A.K.Manickam, learned Standing Counsel for
Government appearing for the appellants and Mr.K.Mahendran, learned counsel
appearing for the respondent.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1080 of 2020
4.The matter in issue is with regard to the entitlement of the
respondent to secure employment on compassionate ground on account of
demise of her mother. Admitted facts are there that during the life time of her
mother, the petitioner's father married another woman and she was left alone to
take care of her children, including the respondent herein. The respondent's
mother died in harness on 17.05.1985 and the respondent had given an
application as early as in the year 1996 itself for grant of appointment on
compassionate ground. Initially, the application was rejected by an order dated
24.02.2011 on the ground that it was not submitted within three years from the
date of demise of the employee. This order was challenged in W.P.(MD).No.
4115 of 2011 and the order was set aside by order dated 10.02.2017. Thereafter,
the respondent/writ petitioner pursued the matter once again. However, on the
second time, the application was rejected on the ground that the respondent's
brother has become a qualified lawyer and that she was married. This order was
put to challenge in W.P(MD).No.17347 of 2018. When the writ petition was
pending, the third order was passed stating that the application filed for
compassionate appointment is belated and cannot be considered. So far the
order passed in W.P(MD).No.17347 of 2018 is concerned, it has become final,
since the appellants have not filed any appeal against the said order. So far the
order impugned in W.P(MD).No.25731 of 2019 is concerned, the appellants
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1080 of 2020
cannot raise the issue regarding the delay in filing the application because of the
order dated 10.02.2017 in W.P(MD).No.4115 of 2011. Therefore, the order of
rejection dated 24.07.2019 has to be set aside.
5.In the result, the Writ Appeal is dismissed for the reasons assigned
in the preceding paragraphs and the order of rejecting the application for
compassionate appointment is set aside and consequently, there will be a
direction to the appellants to provide appointment to the respondent/Writ
Petitioner on compassionate ground after receiving a certificate issued by the
Revenue Officials regarding financial status of the respondent. This direction
shall be complied with within a period of three months from the date of receipt
of a copy of this Judgment. No costs. Consequently, connected miscellaneous
petition is closed.
[T.S.S., J.] & [S.A.I., J.]
10.06.2021
Index : Yes / No
Internet : Yes / No
msa/cp/sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1080 of 2020
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.
1.The Secretary,
State of Tamil Nadu,
Educational Department,
Chennai.
2.The Joint Director,
Department of School Education,
Chennai-600 006.
3.The District Educational Officer,
Ramanathapuram District,
Ramanathapuram.
4.The Headmaster,
Government High School,
Thirupalaikudi, Tihruvadanai Taluk,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1080 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
msa/cp/sj
JUDGEMENT MADE IN
W.A.(MD)No.1080 of 2020
and
C.M.P(MD) No.5890 of 2020
10.06.2021
https://www.mhc.tn.gov.in/judis/
