M.Vapar Manikandan vs The Director General Of Police
2023 Latest Caselaw 14626 Mad

Madras High Court

M.Vapar Manikandan vs The Director General Of Police on 23 November, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                W.A.(MD) No.1285 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 23.11.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                              AND
                         THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD) No.1285 of 2021

                     M.Vapar Manikandan                          ... Appellant/Writ Petitioner

                                                         -Vs.-

                     1.The Director General of Police,
                       Director General of Police,
                       Dr.Radhakrishnan Salai,
                       Mylapore,
                       Chennai – 600 004.

                     2.The Commissioner of Police,
                       Tirunelveli City,
                       South High Ground Road,
                       Palayamkottai,
                       Near Anna Stadium,
                       Tirunelveli – 627 002.

                     3.M.Ramani

                     4.M.Sangami

                     5.M.Sangavi

                     6.M.Sankari                                 ... Respondents/Respondents




                     1/5
https://www.mhc.tn.gov.in/judis
                                                                               W.A.(MD) No.1285 of 2021


                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 11.01.2021 made in W.P.(MD)No.303 of 2021
                     on the file of this Court.


                                           For Appellant          : Mr.A.Haja Mohideen

                                           For Respondents        : Mr.S.Kameswaran
                                                                    Government Advocate
                                                                    For R1 & R2
                                                           ****

                                                  JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The Writ Appeal has been instituted against the order dated

11.01.2021, passed in W.P.(MD)No.303 of 2021.

2. The father of the writ petitioner / Late A.Maharajan, was

working as an Assistant Commissioner of Police, City Crime Branch,

Tirunelveli, and died on 30.07.2014, while he was in service. Admittedly,

the first wife left the matrimonial home seven months after the marriage

with the deceased employee. The name of the second wife has been

entered in the service records of the deceased employee and the learned

Government Advocate made a submission that the Family Pension has

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

been sanctioned in the name of the second wife and she is receiving the

same continuously. The daughter born through second wife also filed an

application seeking appointment on compassionate grounds, which is yet

to be considered. While so, the petitioner, who is the son of the deceased

employee through the first wife has filed an application and under the

Scheme of appointment, two applications cannot be considered by the

authorities competent. Thus, the application submitted by the appellant

was rejected on the ground that only after resolving the family dispute,

application is to be submitted seeking appointment on compassionate

grounds.

3. Learned Single Judge dismissed the Writ Petition accepting

the said ground taken by the department.

4. There is no reason to interfere in the order of the learned

Single Judge in view of the fact that the Scheme of Compassionate

Appointment is to be provided to the legal heir of the deceased employee

and in the event of family dispute, the same is to be resolved and one

legal heir has to submit an application with the consent of the other legal

heirs. That being the scope of the Scheme, the appellant has to resolve

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the family dispute first and thereafter, file an application for

consideration.

5. With these observations, the order dated 11.01.2021, passed

in W.P.(MD)No.303 of 2021, stands confirmed and the Writ Appeal is

dismissed. No costs. Consequently, connected Civil Miscellaneous

Petition is closed.

                                                                 [S.M.S.J.,] & [V.L.N.J.,]
                     NCC          :Yes/No                                23.11.2023
                     Index        :Yes/No
                     SJ

                     To

                     1.The Director General of Police,
                       Director General of Police,
                       Dr.Radhakrishnan Salai,
                       Mylapore,
                       Chennai – 600 004.

                     2.The Commissioner of Police,
                       Tirunelveli City,
                       South High Ground Road,
                       Palayamkottai,
                       Near Anna Stadium,
                       Tirunelveli – 627 002.

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

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ

23.11.2023

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