Madras High Court
E.Murugadhas vs The District Collector on 24 November, 2021
W.P(MD)No.20919 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
W.P(MD) No.20919 of 2021
E.Murugadhas Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Commissioner of Town Panchayat,
Commissionerate of Municipal Administration,
MRC Nagar,
Raja Annamalai Puram,
Chennai – 600 028.
3.The Assistant Director of Town Panchayat,
Nagercoil Zone,
Collectorate complex,
Nagercoil.
4.The Executive Officer,
Manavalakurichi Town Panchayat,
Kanyakumari District. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the first respondent I.e.
District Collector, Kanniyakumari, Nagercoil to pass appropriate of
orders, on the petitioner's representation dated 02.10.2021, based on
G.O.Ms.No.1499 Labour and Employment (Q1) Department, dated
1/7
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W.P(MD)No.20919 of 2021
03.08.1989 and several orders of this Court, within a specified time
frame.
For Petitioner :Mr.S.Visvalingam,
For R1 to R3 :Mr.G.V.Vairam Santhosh
Additional Government Pleader
For R4 :Mr.J.Ashok
Additional Government Pleader
ORDER
This writ petition is seeking for a Mandamus, directing the
first respondent/the District Collector, Kanyakumari District,
Nagercoil to take a decision on the petitioner's representation dated
02.10.2021, based on G.O.Ms.No.1499 Labour and Employment (Q1)
Department, dated 03.08.1989.
2. The case of the petitioner is that he was appointed on
compassionate ground as Record Clerk in Manavalakurichi Town
Panchayat, as per reference No.R.C.No.1226/2007B3 dated 21.04.2008
of the District Collector, Kanyakumari @ Nagercoil and joined duty on
28.04.2008 and continuing in the same post till today. The grievance of the
petitioner is that even at the time of his appointment on compassionate
ground, his academic qualification is pass in +2 examination and
Diploma in Robotics Engineering. Though, there were vacancies in the
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W.P(MD)No.20919 of 2021
cadre of Junior Assistant, at the time of his appointment, without
considering his qualification and instructions of the Government, he was
appointed as Record Clerk. In this regard, he has given so many
representations to the authorities concerned for posting him as Junior
Assistant by considering his qualification. In the grievance day held on
18.10.2012, the District Collector, Kanyakumari @ Nagercoil has taken a
decision to appoint him as Junior Assistant. But till date, no order has
been passed regarding his re-designation as Junior Assistant. As pet
G.O.Ms.No.1499, Labour and Employment (Q1) Department, dated
03.08.1989, the persons having requisite qualification for the post of
Junior Assistant should not be posted in the lower cadre on
compassionate ground appointment. This has been dealt with in W.P(M)D
No.69 of 2010 and W.P(MD) No.1685 of 2010, dated 22.04.2010 and
06.08.2010 and confirmed in W.A(MD) No.641 of 2010 and W.A.(MD) No.
908 of 2010, dated 21.02.2011. This was discussed in detail and similar
orders were passed in W.P(MD) No.13354 & 13355 of 2013, dated
06.12.2018. The petitioner once again made a representation to the
respondent, and since the same was not considered by the respondent.
Hence, the petitioner is before this Court, with the present writ petition.
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W.P(MD)No.20919 of 2021
3.The learned Additional Government Pleader appearing for
the respondents submits that this petitioner has already filed a writ
petition before this Court in W.P(MD) No.5006 of 2014, for a similar
relief of Mandamus, directing the respondents to appoint the petitioner in
the post of Junior Assistant in any of the Town Panchayat and the said
writ petition was dismissed by this Court, by order dated 04.07.2019 in
the following terms.
“5.The scheme of compassionate appointment itself is
a concession. The claim of compassionate
appointment, being a special scheme, is already held
as violation of Articles 14 and 16 of the Constitution of
India. Recruitment Rules were not followed, rule of
reservation was not followed, merit assessment was not
made. Simple on the ground of death of an employee,
the benefit of compassionate appointment was given.
What would be the efficiency level in public
administration, if such appointments are provided in
large scale. In the event of extending the scope of such
special schemes unconstitutionally, wer are losing the
spirit of constitutional philosophy and ethos. Thus, the
claim for compassionate appointment is to be
restrained to the extent possible, so as to provide
appointment only to genuine cases, where the family
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W.P(MD)No.20919 of 2021
was in distress and in need of emergent help on
account of the sudden death of an employee. This being
the purpose and objet of the scheme of compassionate
appointment.”
4. The learned Additional Government Pleader appearing for
the respondents has also relied upon the Judgment of the Division Bench
of this Court in W.A.No.1767 of 2019, dated 10.06.2019, wherein,
similar such relief has been rejected by this Court.
5.In view of the earlier orders passed by this Court as stated
supra, this Court is not inclined to entertain this writ petition.
Accordingly, this Writ Petition is dismissed. It is made clear that it is
always open to the petitioner to challenge the earlier order passed by this
Court in W.P(MD) No.5006 of 2014, dated 04.07.2019. No costs.
24.11.2021
Index : Yes/No
Internet : Yes/No
vrn
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W.P(MD)No.20919 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 District Collector,
Kanyakumari District,
Nagercoil.
2.The Commissioner of Town Panchayat,
Commissionerate of Municipal Administration,
MRC Nagar,
Raja Annamalai Puram,
Chennai – 600 028.
3.The Assistant Director of Town Panchayat,
Nagercoil Zone,
Collectorate complex,
Nagercoil.
4.The Executive Officer,
Manavalakurichi Town Panchayat,
Kanyakumari District.
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W.P(MD)No.20919 of 2021
B.PUGALENDHI, J
vrn
Order made in
W.P(MD) No.20919 of 2021
24.11.2021
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