Madras High Court
M.Nithyanantham vs State Of Tamil Nadu on 7 March, 2022
W.P.(MD) No.17619 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.17619 of 2021
M.Nithyanantham ... Petitioner
-vs-
1.State of Tamil Nadu,
Rep., by its Secretary to the Government,
Social Welfare & Nutritious Meal Programme,
Fort St. George, Chennai-9.
2.The Director of Social Welfare,
Chepauk, Chennai-5.
3.The District Collector,
Collectorate Campus,
Dindigul District.
4.Personal Assistant to District Collector,
Noon Meal Scheme,
Dindigul District.
5.The Block Development Officer,
Aathur Union, @ Sempatti,
Dindigul District. ... Respondents
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W.P.(MD) No.17619 of 2021
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned order in Government Letter No.
5944/SaNa4-2/2020-1 dated 09.02.2021 on the file of the Respondent No.1
and quash the same as illegal and consequently for a direction directing the
Respondent No.3 to provide compassionate appointment to the petitioner in
the post of Noon Meal Organizer or any other suitable post coming under
Group C or Group D in the Social Welfare Department or any other
Department in accordance with the Government Order in G.O.Ms.No.198
Social Welfare and Nutritious Meal Programme Department dated
25.10.2007 and the comprehensive guidelines issued vide Government
Order in G.O.(Ms).No.18 Labour and Employment (Q1) Department dated
23.01.2020 and in the light of the judgment of this Court in W.P.No.24005
of 2014 dated 11.03.2015 and W.P.No.21526 of 2017 dated 27.07.2018
within the time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For RR1 to 4 : Mr.N.Satheesh Kumar,
Additional Government Pleader
For R5 : Mr.A.K.Manikkam,
Special Government Pleader
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W.P.(MD) No.17619 of 2021
ORDER
The order of rejection dated 09.02.2021 rejecting the claim of the writ
petitioner for compassionate appointment is under challenge in the present
writ petition.
2.The mother of the writ petitioner, Smt.Panjavarnam, was working as
Noon-Meal Organizer in the Union Primary School, Velagoundanpatti,
Athoor, Dindigul and died on 23.07.2019. The petitioner submitted an
application in time seeking appointment on compassionate grounds.
However, it was rejected on the ground that the post of Noon-Meal
Organizer is to be filled up only by female legal heirs as per the rules and
therefore, appointment cannot be provided to the petitioner. Thus, the
petitioner is constrained to move the present writ petition.
3.The learned counsel appearing for the petitioner made a submission
that in such circumstances, the respondents would have referred the name of
the writ petitioner to the District Collector for considering his under the
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W.P.(MD) No.17619 of 2021
General List of persons waiting for compassionate appointment. The
scheme of compassionate appointment issued in G.O.Ms.No.18, Labour and
Employment (Q1) Department dated 23.01.2020 states that "in case the
Head of the Department finds that there is no vacancy in any of his offices
and none is likely to occur in the near future he should send the name and
all relevant particulars to the Collector of the District in which the deceased
Government servant last worked".
4.In the present case, as pointed out by the learned Special
Government Pleader, there is no procedure to appoint male legal heir as
Noon Meal Organiser. Therefore, the petitioner cannot be appointed as
Noon Meal Organiser. In such circumstances, the respondents have to refer
the name of the petitioner to the District Collector concerned for
considering his case under the General List, if the petitioner is otherwise
qualified. Under these circumstances, there is no infirmity in respect of the
order impugned passed by the respondents. However, in view of the fact
that the male legal heir cannot be appointed as Noon meal Organiser, the
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W.P.(MD) No.17619 of 2021
respondents are directed to refer the name of the petitioner to the District
Collector concerned for the purpose of considering the case of the writ
petitioner along with the General List of persons to be considered under
compassionate appointment scheme. The said exercise is directed to be
done within a period of 12 weeks from the date of receipt of a copy of this
order.
5.With the above observations and direction, this Writ Petition stands
disposed of. No costs.
07.03.2022
Index:Yes
Speaking Order
abr
To
1.State of Tamil Nadu,
Rep., by its Secretary to the Government,
Social Welfare & Nutritious Meal Programme,
Fort St. George, Chennai-9.
2.The Director of Social Welfare,
Chepauk, Chennai-5.
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W.P.(MD) No.17619 of 2021
S.M.SUBRAMANIAM, J.
abr
3.The District Collector,
Collectorate Campus,
Dindigul District.
4.Personal Assistant to District Collector,
Noon Meal Scheme,
Dindigul District.
5.The Block Development Officer,
Aathur Union, @ Sempatti,
Dindigul District.
W.P.(MD) No.17619 of 2021
07.03.2022
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