A.Velvizhi vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 21723 Mad

                                                          W.P.No.23526 of 2021

         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATE D          : 29.10.2021

                                CORAM

                 The Hon'ble Mr. Justice C.SARAVANAN

                     Writ Petition No.23526 of 2021
                                   and
                         W.M.P.24749 of 2021

                      (Through Video Conferencing)

A.Velvizhi                                                ... Petitioner

                                  Vs.

1. The Registrar of Co-operative Societies.
   N.V.M. Maligai,
   Kilpauk, Chennai-600 010.

2. The Zonal Joint Registrar of Co-operative Societies,
   Villupuram Division,
   Villupuram .

3. The Deputy Registrar of Co-operative Societies,
   Tindivanam,
   Villupuram.

4. The Special Officer,
   C.L.Spl.88, Nallathur Primary Agricultural
   Co-operative Bank Ltd.,
   Nallathur Post, Tindivanam Taluk,
  Villupuram District.                                       ... Respondents




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                                                         W.P.No.23526 of 2021

           Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus calling for the records of the 3 rd
respondent in Na.Ka.No.58/2021/CC(2), dated 01.06.2021 quash the same
and accordingly direct the Respondents to regularize the services of the
Petitioners deceased sister A.Mandira Mozhi with effect from 02.05.1995 as
per G.O.Ms.No.86, dated 12.03.2001 by following the Judgment of this
Court in W.P.No.21440 of 2015 etc., batch dated 19.02.2021 and
consequently direct the Respondents to consider the claim of the Petitioner
for compassionate appointment and accordingly grant her compassionate
appointment in line with her educational qualification within a time frame to
be fixed by this Court.
                     For Petitioner : M/s.A.Pramila
                                      for Mr.P.Nethaji

                    For Respondents : Mr.L.S.M.Hasan Fizal
                                      Govt. Advocate for R1 to R3.

                                         Mr. Mohammed Sathik for R4.

                            ORDER

The Petitioner has filed this writ petition for a writ of

certiorarified mandamus to call for records of the 3rd respondent bearing

reference in Na.Ka.No.58/2021/CC(2), dated 01.06.2021 and for the

consequential direction to the Respondents to pass appropriate orders for

appointing the Petitioner on compassionate grounds on account of her

sister's death.

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2. It is the case of the Petitioner that the Petitioner's sister

Selvi.A.Mandira Mozhi was appointed with the 4th Respondent Co-

Operative Bank as an Assistant with effect from 02.05.1995 on daily wage

basis and that within three years of her employment she died on 06.03.1998,

the Petitioner's sister died when being permanently absorbed in service. It is

submitted that the Petitioner was aged about 18 years at that point of time

and had sent a representation for appointing the Petitioner on compassionate

ground considering the fact that the Petitioner's sister would have been

entitled to the benefit of G.O.Ms.No.86 dated 12.03.2001.

3. The learned counsel for the Petitioner further submits that the

Petitioner had also filed a writ petition before this Court in W.P.No.31492 of

2002 which came to be disposed by an order dated 31.07.2002 with the

following observation:-

''2. Today, when the above matter was taken up for consideration and upon hearing the learned counsel for both, this Court is of the view that absolutely no reason seems to exist to delay the appointment of the petitioner on compassionate grounds, in spite of the petitioner having made the representation for seeking appointment as early as on 20/4/1998 itself, which is

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unexplained and unreasonable on the part of the authorities concerned. Therefore, it is high time that the third respondent considered the representation of the petitioner for appointment on compassionate grounds in the third respondent bank in a time bound manner which will serve the ends of justice.

In result,

(i) the third respondent is hereby directed to consider the representation of the petitioner which will be made in 30 days from now for her appointment in the third respondent Bank on compassionate grounds and pass order on merits and in accordance with law and with due opportunity for the petitioner to be heard, so as to dispose of the same within eight weeks from the date of receipt of a copy of this order.''

4. The learned counsel for the Petitioner further submits that

though the above said order was passed as early as 31.07.2002, the

Respondents did not take any steps for appointing the Petitioner on

compassionate ground. Now the impugned order has been passed rejecting

the request of the Petitioner stating that more than 23 years have been

lapsed since the death of the Petitioner's sister. The learned counsel for the

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Petitioner placed reliance on the decision of this Court rendered in the

following cases:

1) G.Ashokan vs, The District Collector, Thiruvannamalai District, Thiruvannamalai in W.A.No.413 of 2013 vide order dated 22.04.2014.

2) The Secretary to Government and others vs. M.Karuppan and another in W.A.No.1062 of 2017 vide order dated 15.09.2017.

3) A.Selvakumar vs. The Secretary to Government, Food Co- Operative & Consumer Protection Department, Fort St. George, Chennai

-9 in W.P.No.21440 of 2020 batch etc. vide order dated 19.02.2021.

The learned counsel for the Petitioner submits that the scope of

G.O.Ms.No.86, Co-operative Food and Consumer Protection (CA2)

Department dated 12.03.2001 was also considered in W.A.No.413 of 2013,

it is submitted that the Petitioner is entitled for employment on

compassionate ground considering the fact that the family still continues to

remain in indigent circumstances.

5. Appearing on behalf of the Respondents, the learned

Government Advocate, submits that this writ petition is belated and is liable

to be dismissed on account of the latches. The learned Government

Advocate further submits that the appointment of the Petitioner at the

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belated stage cannot be considered considering the fact that the Respondents

have now issued a consolidated Government orders in G.O.Ms.No.18 dated

23.01.2020. The learned Government Advocate further submits that the

purpose of appointing a person on compassionate ground would arise only

where the family is in indigent circumstances and considering the fact that

the Petitioner's sister died as early as 06.03.1998, the question of giving

indulgence at this point of time does not arise.

6. Heard the learned counsel for the Petitioner and the learned

counsel for the Respondents 1 to 3 and perused the impugned orders and the

decisions cited by the learned counsel for the Petitioner.

7. It is noticed that the Petitioner has also already filed a writ

petition in W.P.No.31492 of 2002 on an earlier occasion which came to be

disposed on 31.07.2002. Even on that day, the Single Judge of this Court

has noted that there is a unexplained and unreasonable delay on the part of

the authority concerned. The impugned order has been now passed after a

lapse of another 19 years. The Hon'ble Supreme Court in Indian Bank vs.

Promila and Another (2020) 2 SCC 729 has held that the appointment on

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compassionate ground has to be made in terms of the Government orders

prevailing on the date of application. Considering the fact that the Hon'ble

Supreme Court has held that the appointment on compassionate ground

should be in terms of the prevailing Government order which rules as on the

date of the application, this writ petition is disposed of by directing the

Respondents to pass appropriate orders for appointing the Petitioner in

terms of the prevailing Government orders in 1998. In case the Petitioner

was entitled to be appointed in the year 1998 at the time when the initial

application/representation sent for appointment, the Respondents shall

appoint the Petitioner on compassionate ground. It is also made clear that

the Respondents shall before appointing the petitioner as compassionate

ground shall also be examine whether the family of the Petitioner was

indeed in indigent circumstances. The said exercise shall be carried out by

the Respondents within a period of six months from the date of receipt of a

copy of this order. It is made clear that since the Petitioner's sister already

passed away on 06.03.1998, the service of the Petitioner's sister shall be

deemed to have been regularized in terms of G.O.Ms.No.86 dated

12.03.2001 for the limited purpose of considering the request of the

Petitioner on compassionate ground.

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8. This writ petition is disposed with the above directions. No

costs. Consequently, connected WMP is closed.

29.10.2021

Index : Yes/No Internet : Yes/No rrg

To

1. The Registrar of Co-operative Societies. N.V.M. Maligai, Kilpauk, Chennai-600 010.

2. The Zonal Joint Registrar of Co-operative Societies, Villupuram Division, Villupuram .

3. The Deputy Registrar of Co-operative Societies, Tindivanam, Villupuram.

4. The Special Officer, C.L.Spl.88, Nallathur Primary Agricultural Co-operative Bank Ltd., Nallathur Post, Tindivanam Taluk, Villupuram District.

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C.SARAVANAN J.,

rrg

W.P.No.23526 of 2021

29.10.2021

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