Madras High Court
I.Jebamalai Lurthu Princy vs The Director on 22 November, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)NO.1719 OF 2021
I.Jebamalai Lurthu Princy :Appellant/Petitioner
.vs.
1.The Director,
Industrial Safety and Health,
No.35, Thi.Vi.Ka High Road,
Rayapettai,
Chennai – 600 014.
2.The Chief Inspector of Factories,
Chennai – 600 006.
3.The Inspector of Factories,
Thoothukudi. : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.22938 of 2015, dated 04.12.2020.
For Appellant :Mr.D.Vijay Antony
For Respondents :Mr.M.Siddharthan
1 to 3 Addl.Govt.Pleader
https://www.mhc.tn.gov.in/judis
2
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order made in
W.P(MD)No.22938 of 2015, dated 04.12.2020, which was filed for
issuance of a Writ of Certiorarified Mandamus to quash the
impugned order therein, dated 18.07.2013, rejecting the
application made by the Writ Petitioner seeking compassionate
appointment for the death of her father.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The father of the Writ Petitioner one Iruthayaraj was
working as a Record Clerk with the Inspector of Factories,
Thoothukudi and died on 27.03.2007. It is stated that immediately
thereafter, on 25.04.2007 a representation was sent by the
appellant's mother to the Chief Minister's Cell. However, the said
representation does not contain any date and there is no
acknowledgement for receipt of the same. The said application
was not followed by the Writ Petitioner or her mother.
Subsequently, after a lapse of six years, in the year 2013, another
application was made by the appellant's mother on the basis of the
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news item that even the married daughter is also entitled for
appointment on compassionate grounds. The said application was
rejected by the authorities concerned on the ground that the cut-
off date is 29.01.2001 and that the Petitioner had got married in
the year 1999 and therefore, she will not be entitled for
compassionate appointment. The said order was challenged before
the Writ Court, which was dismissed by the learned Single Judge,
which is now under challenge in the present Writ Appeal.
4.Upon the facts given above, application for compassionate
appointment ought to have been made within three years as per
G.O.Ms.No.18, Labour and Employment, dated 23.01.2020.The said
Government Order itself was issued after the directions issued by
this Court.
5.The Full Bench of this Court had also observed that
ignorance of the fact that the compassionate appointment is
available, cannot be a ground as various forms of communications
and web-sites with all informations available through internet
services even in the remotest corners of the villages. The Full
Bench has also stated that even if no eligible person is available
in the family, where the son or daughter is a minor, it is always
open to the spouse to apply for a job that may be suitable, as the
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appointment on compassionate grounds is permissible only in the
last category of Class-III or Class-IV Posts.
6.In this case, application is made after a period of six years
and the Writ Petition was filed in the year 2015 and the Writ
Petitioner also is now married and there is no information available
as to the status of her husband or about his employment. As the
compassionate appointment itself is only a succor given to the
family to get them out of the penury at the time when the sole
bread-winner of the family is no more, which cannot demanded as a
matter of right, that too, after a passage of six or seven years from
the date of death of the Government Servant. After considering all
these aspects, the learned Single Judge has dismissed the Writ
Petition. It is also to be noted that the Division Bench of this Court
in W.A(MD)No.1478 of 2017, dated 12.03.2021 has also dealt with
the same in detail, wherein, one of us was a party dealing with the
scheme of compassionate appointment.
7.In the light of the above discussions, this Court finds no
reason to interfere with the well-considered judgment of the
learned Single Judge and thus the Writ Appeal fails.
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8.Accordingly, the Writ Appeal stands dismissed. No costs.
P.S.N.,J.] [P.V.,J.]
22.11.2021
Index:Yes/No
Internet:Yes/No
vsn
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 Director,
Industrial Safety and Health,
No.35, Thi.Vi.Ka High Road,
Rayapettai,
Chennai – 600 014.
2.The Chief Inspector of Factories,
Chennai – 600 006.
3.The Inspector of Factories,
Thoothukudi.
https://www.mhc.tn.gov.in/judis
PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN
W.A(MD)No.1719 of 2021
https://www.mhc.tn.gov.in/judis
22.11.2021
https://www.mhc.tn.gov.in/judis
