Madras High Court
R.Jaiganesh vs The District Collector on 22 November, 2023
W.P.No.20482 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.20482 of 2020
R.Jaiganesh
... Petitioner
Vs.
1.The District Collector,
Villupuram.
2.The District Revenue Officer,
Villupuram.
3.The Tahsildar,
Melmalaiyanur Taluk,
Villupuram District.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the first respondent vide proceedings
No.Naq.Ka.A4/22848/2020 dated 04.12.2020 and to quash the same and
consequently, direct the second respondent to revise the petitioner's
appointment as Junior Assistant with effect from the date of his
appointment with all service benefits by taking into account of the
services rendered in the cadre of Village Assistant with effect from
19.01.2011 and other monetary benefits.
For Petitioner : Mr.J.Sunil Kumar
For Respondents : Mr.G.Nanmaran,
Special Govt. Pleader
Page No.1 of 8
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W.P.No.20482 of 2020
ORDER
This Writ Petition has been filed to issue a Writ of Certiorarified
Mandamus to call for the records relating to the first respondent vide
proceedings No.Naq.Ka.A4/22848/2020 dated 04.12.2020 and to quash
the same and consequently, direct the second respondent to revise the
petitioner's appointment as Junior Assistant with effect from the date of
his appointment with all service benefits by taking into account of the
services rendered in the cadre of Village Assistant with effect from
19.01.2011 and other monetary benefits.
2. Heard Mr.J.Sunil Kumar, learned counsel for the petitioner and
Mr.G.Nanmaran, learned Special Government Pleader for the
respondents.
3. The petitioner has been appointed as Village Assistant on
compassionate ground consequent to the death of his father who worked
as Village Administration Officer.
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4. Mr.J.Sunil Kumar, learned counsel for the petitioner submitted
that the petitioner has the required qualification to be appointed as Junior
Assistant and he is entitled to get the benefit of the Government Order in
G.O.Ms.No.1499 dated 03.08.1989. The learned counsel for the
petitioner also cited a judgment made in W.P. (MD) Nos.13354 & 13355
of 2013, in which, the following observations have been made:
"3. It is the case of the petitioners that they are
entitled to be appointed as a Junior Assistant with effect
from the date of appointment in terms of
G.O.Ms.No.1499, Labour and Employment (Q1)
Department, dated 03.08.1999.
4. It is submitted that unaware of the Government
Regulation, the petitioners' accepted the employment as
a Record Clerk on Compassionate Ground even though
both of them had passed SSLC which was the
qualification prescribed for the post of Junior Assistant.
In this connection, they referred to para 2(iii) of
G.O.Ms.No.1499 dated 03.08.1989 which reads as
under:
"The appointing authorities under no
circumstances should appoint a dependent
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to a lower post when the dependent possess
the qualifications required for the post of
Junior Assistant / Typist on the ground of
non-availability of vacancy in the office or
department or the dependents not willing to
work in other departments. In such
circumstances, they should follow the
existing procedure of approaching the
Collector of District for providing a suitable
vacancy as suggested in G.O.Ms.No.1179, P
& AR dated 14.10.1979.""
5. On the footing of the above Government Order, the petitioner
claims that he ought to have been posted as Junior Assistant instead of
Village Assistant. Therefore, the petitioner has filed this Writ Petition
seeking the above prayer.
6. Mr.G.Nanmaran, learned Special Government Pleader for the
respondents submitted that even at the time of appointment itself, the
petitioner has accepted to serve as Village Assistant. Having accepted the
job on compassionate ground, the petitioner cannot turn the table against
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the administration by challenging the appointment.
7. The core contention of the petitioner is that though he is
qualified to be placed against the post of Junior Assistant, he was placed
as Village Assistant. As on the date when the petitioner's father died, the
petitioner was only nine years old. The petitioner had completed +2
examination in the year 2001 and he attained his majority only on
19.06.2001. Though his mother is also qualified for compassionate
appointment, she did not opt to get the appointment, but all along making
representations only on behalf of her son. Knowing pretty well that the
minor son cannot be accommodated in employment, the mother of the
petitioner was making representation to keep the file alive for the sake of
her son.
8. It is understandable if the petitioner had possessed the required
qualification for Junior Assistant at the time of the death of his father and
that he was not given with the said post. The petitioner was only nine
years old at the time of death of his father and thereafter, he studied and
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completed +2. Knowing pretty well that the Government is considering
the request of the petitioner's mother for seeking appointment for the
petitioner after several years and to avoid the risk of losing the
opportunity, the petitioner had chosen to accept the job which was
offered to him without any objection.
9. The compassionate appointment is given to the dependent of the
deceased Government Servant in order to save the family members from
the immediate financial troubles, the family would face due to the death
of the bread winner of the family. Just in order to honour the
commitment, the petitioner's case was considered and he was
accommodated as Junior Assistant. If the overambitious relief sought by
the petitioner is granted, the whole scheme of compassionate
appointment itself will become a mockery.
10. Granting of compassionate appointment is a service benefit
attached to the deceased Government Servant which cannot be strictly
called as a charity. However there is limitation for such obligations on
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the part of the Government and the person who did not have the
qualification for the post of Junior Assistant at that time or within three
years from the date of the death of his father cannot claim a post suiting
to the educational qualification which was acquired by him subsequent to
the death of his father. The petitioner cannot take advantage of his
absorption in the service, even though he was not qualified during
relevant time and claim any undue stake in the department.
11. For the above said reasons, this Writ Petition is dismissed. No
costs.
22.11.2023
Index : Yes
Internet : Yes/No
gsk
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
gsk
To
1.The District Collector,
Villupuram.
2.The District Revenue Officer,
Villupuram.
3.The Tahsildar,
Melmalaiyanur Taluk,
Villupuram District.
22.11.2023
https://www.mhc.tn.gov.in/judis
