T.Nirmal Rajasekar vs The Manager (P&Ir)
2021 Latest Caselaw 17888 Mad

                                                                          W.P.(MD) No.9967 of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 01.09.2021

                                                    CORAM:

                                   THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                             W.P.(MD)No.9967 of 2021
                                                      and
                                            W.M.P.(MD)No.7665 of 2021

                 T.Nirmal Rajasekar                                     ... Petitioner
                                                         vs.

                 The Manager (P&IR),
                 Divisional Office,
                 Life Insurance Corporation,
                 “Jeevan Prakash”
                 P.B.No.39, Gandhiji Road,
                 Thanjavur – 613 001.
                 (Respondent cause titled amended vide
                  Court order dated 25.08.2021)                         ... Respondent


                 PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, to call for the records relating to the impugned
                 order passed by the respondent in his proceedings in Ref:P&IR / NRN, dated
                 06.03.2021 and quash the same and consequent direction may be issued to the
                 respondents to provide petitioner compassionate appointment in any appropriate
                 post within stipulated time.


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https://www.mhc.tn.gov.in/judis/
                                                                               W.P.(MD) No.9967 of 2021

                                              For Petitioner      : Mr.T A.Ebenezer

                                              For Respondent      : Mr.D.Shanmugaraja Sethupathi


                                                          *****


                                                        ORDER

The prayer in this writ petition is for issuance of a writ of

certiorarified mandamus to quash the order dated 06.03.2021 passed by the

respondent and to direct the respondents to provide compassionate appointment

to the petitioner in any appropriate post.

2. The case of the petitioner is that his father was working as

Administrative Officer in the Respondent and he died on 13.12.2020, due to

harness, while he was in service. On 03.03.2021, the petitioner's mother

submitted an application seeking compassionate appointment to the petitioner.

However, the said application was rejected on the ground that the petitioner's

mother is gainfully employed. Challenging the same, the present writ petition has

been filed.

https://www.mhc.tn.gov.in/judis/ W.P.(MD) No.9967 of 2021

3. The learned counsel appearing for the petitioner submitted that the

petitioner's mother is working as a Teacher in non-pensionable service in

Government School and she also sought permission to retire due to her illness.

Therefore, there is no bar for considering the petitioner for compassionate

appointment. Therefore, the impugned order is liable to be set aside.

4. The learned Standing Counsel appearing for the respondent would

submit that Clause 21 (iii) of LIC of India Recruitment [of Class III and Class IV

Staff] Instructions, 1993, clearly prohibits that if any member of the family is

employed, no appointment may be made on compassionate grounds. The similar

issue has already been decided by the Hon'ble Supreme Court in the case of LIC

Vs. Asha Ramchandra Ambekar reported in 1994 (2) SCC 718 and the said

judgment is squarely applicable to the facts of the present case. Therefore, this

Writ Petition is liable to be dismissed.

5. I have anxiously considered the rival submissions of the learned

counsel for the parties and perused the materials placed on record.

https://www.mhc.tn.gov.in/judis/ W.P.(MD) No.9967 of 2021

6. On a perusal of the records, it is seen that the petitioner's mother is

working as a Teacher. As rightly contended by the learned Standing Counsel

appearing for the respondent that as per Clause 21 (iii) of LIC of India

Recruitment [of Class III and Class IV Staff] Instructions, 1993, the petitioner is

not entitled for compassionate appointment. Therefore, the impugned order does

not warrant any interference of this Court.

7. In fine, the Writ Petition fails and the same is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

01.09.2021 Index : Yes / No Internet : Yes

vsm

https://www.mhc.tn.gov.in/judis/ W.P.(MD) No.9967 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

The Manager (P&IR), Divisional Office, Life Insurance Corporation, “Jeevan Prakash” P.B.No.39, Gandhiji Road, Thanjavur – 613 001.

https://www.mhc.tn.gov.in/judis/ W.P.(MD) No.9967 of 2021

D.KRISHNAKUMAR, J.

vsm

Order made in W.P.(MD) No.9967 of 2021

01.09.2021

https://www.mhc.tn.gov.in/judis/