Madras High Court
State Of Tamilnadu vs Ms.R.Parvathavarthini on 13 March, 2023
W.A(MD)No.145 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.145 of 2022
and
CMP(MD)No.1417 of 2022
1.State of Tamilnadu,
Represented by its Principal Secretary,
Labour and Employment Department,
Fort St. George,
Chennai – 9.
2.The Secretary,
O/o.Department of Agricultural Marketing and
Agri Business,
Pudukottai District,
Pudukottai. ... Appellants/Respondents
vs.
Ms.R.Parvathavarthini ... Respondent/Petitioner
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent,
against the order dated 24.08.2021 passed in W.P(MD)No.18315
of 2020.
For Appellants : Mr.P.T.Thiraviyam,
Government Advocate
For Respondent : Ms.Seeni Syed Amma for
M/s.Lajapathi Roy Associates
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.145 of 2022
JUDGMENT
(Judgment of the Court was made by
R.SUBRAMANIAN, J.)
The Government is on appeal aggrieved by the order of
the Writ Court, directing provision of compassionate
appointment to the writ petitioner since her mother G.Thilagam,
who was working as a Supervisor in the Department of
Agricultural Marketing, died on 19.08.2009, in harness. The
claim for compassionate appointment by the writ petitioner was
rejected since she is a married daughter. The Writ Court relying
upon G.O.Ms.No.18, Labour and Employment(Q1) Department,
dated 23.01.2020 wherein certain provisions have been made
for compassionate appointment even to married daughters,
allowed the writ petition. Hence, this writ appeal.
2. We have heard Mr.P.T.Thiraviyam, the learned
Government Advocate appearing for the appellants and
Ms. Seeni Syed Amma, the learned counsel appearing for the
respondent.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.145 of 2022
3. While Mr.T.Thiraviyam, the learned Government
Advocate appearing for the appellant, would vehemently
contend that an earlier application of the writ petitioner was
rejected on the same ground and without challenging the same,
the petitioner submitted an application again and obtained an
order of rejection only with a view to challenge the same
belatedly. He would also attempt to sustain the order on the
ground that the writ petitioner, who sought for compassionate
appointment, is a married daughter. We do not think that we
could sustain both the contentions. The order of rejection,
which is subject matter of challenge in the writ petition came to
be passed on 23.10.2020 which refers to an application, dated
23.06.2017. It does not refer to any other earlier application.
The sole ground on which the claim was rejected is that the writ
petitioner is a married daughter. The Entitlement of married
daughters to compassionate appointment is no longer res
integra and the Hon'ble Supreme Court has affirmed the
judgment of the High Court of Karnataka in Bhuvaneshwari V.
Purani v. State of Karnataka, wherein the High Court of
Karnataka, had struck down the Rule denying compassionate
https://www.mhc.tn.gov.in/judis
W.A(MD)No.145 of 2022
appointment to a married daughter. Therefore, the question of
denying compassionate appointment to married daughters is
unavailable to the employer any more. Therefore, the order
impugned in the writ petition suffers the same vice of denying
compassionate appointment to a married daughter and the
same was rightly set aside by the Writ Court. We, therefore, do
not see any reason to interfere with the order of the Writ Court.
4. The Writ Appeal, therefore, fails and it is
accordingly, dismissed. The appellants will do well to consider
the case of the respondent/writ petitioner at the earliest and
provide her with a job on compassionate ground, within a period
of six months from the date of receipt of a copy of this
judgment. No costs. Connected miscellaneous petition is closed.
NCC : Yes / No [R.S.M.,J.] & [L.V.G.,J.]
Index : Yes / No 13.03.2023
Internet : Yes
pm
https://www.mhc.tn.gov.in/judis
W.A(MD)No.145 of 2022
To
1.The Principal Secretary,
State of Tamilnadu,
Labour and Employment Department,
Fort St. George,
Chennai – 9.
2.The Secretary,
O/o.Department of Agricultural Marketing and
Agri Business,
Pudukottai District,
Pudukottai.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.145 of 2022
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
pm
JUDGMENT MADE IN
W.A(MD)No.145 of 2023
DATED : 13.03.2023
https://www.mhc.tn.gov.in/judis
