Madras High Court
N.Nagasivam vs Executive Officer on 2 December, 2022
W.A(MD) No.620 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A(MD) No.620 of 2022
N.Nagasivam ... Appellant
-vs-
1.Executive Officer,
Town Panchayat Office,
Batlagundu – 624 202.
2.The Assistant Director of
Town Panchayat Office,
(Collector Office),
Dindigul – 624 004.
3.The Director,
Directorate of Town Panchayat,
Urban Administrative Building,
75, Santhome High Road,
R.A.Puram, Chennai – 28.
4.The District Collector,
Collector Office,
Dindigul District – 624 004. ... Respondents
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W.A(MD) No.620 of 2022
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
order dated 01.03.2022 made in W.P(MD) No.7088 of 2021.
For Appellant : Mr.N.Nagasivam (Party-in-Person)
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
for R1 to R4
JUDGMENT
(Judgment of the Court was
made by J.SATHYA NARAYANA PRASAD, J.)
This writ appeal is directed against the order of dismissal dated
01.03.2022 passed by the learned Judge in W.P(MD) No.7088 of 2021.
2. The writ petitioner is the appellant herein. According to him, his
father M.Nagendran served as a Sweeper in Batlagundu Town Panchayat
and he died on 19.11.2017, while he was in service. It is further stated
that his family is in penurious circumstances and he finds it difficult to
live with his mother and is living separately with his family, as his
mother was not taking care of him, even during the life time of his father,
and therefore, he has to be given appointment on compassionate ground.
Stating so, he submitted an application seeking compassionate
appointment on 19.12.2019, which was taken into consideration by the
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W.A(MD) No.620 of 2022
respondents. However, the claim of the appellant for compassionate
appointment was rejected by the first respondent vide proceedings dated
07.01.2020 and challenging the same, the appellant filed the writ
petition. The learned Judge without considering the appellant's grievance,
dismissed the writ petition. Aggrieved by the same, the appellant has
filed the present writ appeal.
3. On the other hand, the learned Special Government Pleader
appearing for the respondents filed a detailed counter-affidavit, since the
writ petition was disposed at the admission stage. He submitted that as
per the scheme, if any one of the family members of the deceased
employee is in Government employment, then the benefit of
compassionate appointment cannot be provided to another member of the
family of the deceased employee. In the present case, the enquiry
revealed that the deceased employee M.Nagendran at the time of his
death, was living in the joint family at Perumal Kovil Street, Batlagundu,
Dindigul District and after his death, the appellant is living with his
mother Nagoorammal, who arranged marriage for him on 19.10.2018 at
Batlagundu and in the marriage invitation, it was stated that the appellant
is gainfully employed. The learned Special Government Pleader further
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W.A(MD) No.620 of 2022
submitted that the appellant and his mother in order to get the terminal
benefits of the deceased employee, have submitted a petition before the
District Collector on the grievance day i.e., on 26.11.2018 and in the
said petition, the address was mentioned as 9 th Ward, Perumal Kovil
Street, Batlagundu. Thus, it is clear that the appellant and his mother are
living in the same address as a joint family. It is also submitted by the
learned Special Government Pleader that the Competent Authority during
the field inspection, found that the appellant and his mother are in cordial
relationship and are living as a joint family. That apart, the appellant
based on the false information, has obtained the income certificate from
the Tahsildar, Nilakottai, to the effect that the appellant's annual income
is Rs.1,08,480/-. Therefore, the appellant is not entitled to get
appointment on compassionate grounds.
4. Adding further, the learned Special Government Pleader
appearing for the respondents submitted that the mother of the appellant
is a permanent employee in the Town Panchayat and drawing salary more
than Rs.25,000/- per month. Furthermore, as per G.O.Ms.No.18, Labour
and Employment Department, dated 23.01.2020, the legal heirs of the
deceased employee shall be eligible for compassionate appointment, if
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W.A(MD) No.620 of 2022
none among the legal heirs is in permanent Government job. Whereas, in
the present case, the appellant's mother had acquired permanent job
before the death of the appellant's father and they are living together till
his death. Taking note of all these factors, the learned Judge has rightly
held that the compassionate appointment is a concession scheme
considering the crisis in a family of the deceased employee and the
personal grievance submitted by the appellant / writ petitioner cannot be
a ground to consider him for compassionate appointment. It was further
held that the compassionate appointment is restricted to one of the
dependents of the deceased employee subject to the other conditions
stipulated in G.O.Ms.No.18, Labour and Employment Department, dated
23.01.2020, and therefore, the appellant is not eligible for compassionate
appointment as his mother is a permanent employee in the same Town
Panchayat and at present earning a sum of Rs.34,760/- per month as
sanitary worker, besides receiving family pension of Rs.13,000/- per
month. Therefore, the learned Special Government Pleader submitted that
the order of the learned Judge does not warrant any interference at the
hands of this court.
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W.A(MD) No.620 of 2022
5. Heard the petitioner, who appeared as party-in-person and the
learned Special Government Pleader appearing for the respondents and
also perused the materials available on record.
6. Undoubtedly, the compassionate appointment is intended to
protect the family of the deceased from the sudden financial crisis and
provide for livelihood thereby enabling the family to move on from the
indigent circumstances. With the said object, the Government passed
G.O.Ms.No.18 Labour and Employment (Q1) Department, dated
23.01.2020, which superseded all the Government orders earlier issued
from the year 1972 and the scheme so framed, is only an exception to a
regular appointment as it is being made under exceptional circumstances,
unwanted and unpredicted by any beneficiary. It is also clear that the
appointment should be given to the legal heirs of the deceased employee,
subject to the conditions stipulated in the said G.O.
7. It is an admitted fact that the appellant's mother is working as a
permanent employee in the Town Panchayat and receiving a salary of Rs.
34,760/- per month. The appellant's mother had acquired the permanent
job, even before the death of the appellant's father and they were living
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W.A(MD) No.620 of 2022
together till his death. According to G.O.Ms.No.18, dated 23.01.2020,
the compassionate appointment is restricted to one of the dependents of
the deceased employee subject to the other conditions stipulated therein.
Applying the said condition, the appellant is not entitled for
compassionate appointment. Considering of all these aspects, the learned
Judge has rightly dismissed the writ petition filed by the appellant
seeking compassionate appointment.
8. In view of the above facts and circumstances of the case, we are
not inclined to interfere with the order passed by the learned Single
Judge in WP(MD) No.7088 of 2021, dated 01.03.2022 and the same is
hereby confirmed.
9. In the result, this Writ Appeal stands dismissed. No costs.
[R.M.D., J.] [J.S.N.P., J.]
02.12.2022
Index : Yes / No
Internet : Yes / No
pkn
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W.A(MD) No.620 of 2022
To
1.Executive Officer,
Town Panchayat Office,
Batlagundu – 624 202.
2.The Assistant Director of
Town Panchayat Office,
(Collector Office),
Dindigul – 624 004.
3.The Director,
Directorate of Town Panchayat,
Urban Administrative Building,
75, Santhome High Road,
R.A.Puram, Chennai – 28.
4.The District Collector,
Collector Office,
Dindigul District – 624 004.
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.620 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
pkn
W.A(MD) No.620 of 2022
02.12.2022
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