Madras High Court
K.Sekar vs Government Of Tamil Nadu on 29 November, 2023
W.P.No.9271 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.9271 of 2020
K.Sekar ... Petitioner
Vs.
1.Government of Tamil Nadu,
rep. by Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Chennai 600 009.
2.The Director of Public Health
and Preventive Medicine,
Chennai 600 006. ... Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the respondents to apply
the ratio laid down by this Court in the Judgment dated 06.12.2018 in WP
(MD).Nos.13354 and 13555 of 2013 and pass appropriate orders on my claim
for retrospective appointment as Junior Assistant and to grant consequential
promotion to the higher posts with retrospective effect.
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.9271 of 2020
For Petitioner : Mr.P.Kumaravel
For Respondents : Mr.T.Chezhiyan
Additional Government Pleader
ORDER
The writ petition has been filed seeking mandamus, to direct the
respondents to apply the ratio laid down by this Court in the judgment dated
06.12.2018 in W.P.(MD).Nos.13354 and 13555 of 2013 and pass appropriate
orders on the claim of the petitioner for retrospective appointment as Junior
Assistant and to grant consequential promotion to the higher posts with
retrospective effect.
2. The learned counsel for the petitioner states that the petitioner has
been appointed as Cook cum Waterman on 22.05.1985 on compassionate
ground. However, the claim of the petitioner is that according to his
educational qualification he ought to have been given appointment for the
post of Junior Assistant and the respondents did not complied the guidelines
of the compassionate appointment scrupulously.
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3. The relevant portions of the order dated 06.12.2018 made in
W.P.(MD).Nos.13354 and 13555 of 2013 are extracted hereunder:
“4. It is submitted that unaware of the
Government Regulation, the petitioner's accepted
the employment as a Record Clerk on
Compassionate Ground even though both of them
had passed S.S.L.C 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 dependant 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
dependants 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. The learned counsel for the petitioners
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submitted that under similar circumstances, the one
of the employee like the petitioners had filed
W.P.(MD).No.69 of 2010 and had obtained an
order dated 22.04.2019 for treating his initial date
of appointment as Junior Assistant with
consequential relief.
6. Against the order, the respondents also
preferred an appeal before the Division Bench.
Disposed of the same without back wages vide
order, dated 21.02.2011 in W.A.(MD).No.908 of
2010. Similar relief was also granted to another
employee in W.A.(MD).No.641 of 2010.
7. Similar reliefs has also been given by
implementing G.O.(Ms).No.95, Commercial Tax
and Registration (A2) Department, dated
11.07.2013 and G.O.(Ms).No.99, Commercial Tax
and Registration (A2) Department, dated
11.07.2013, wherein, Juniors have been given the
benefits of being appointed as Junior Assistant
from the date of their initial appointment. Since
benefit of G.O.(Ms).No.1499, Labour and
Employment (Q1) Department, dated 03.08.1999
has been extended to persons similar to the
petitioners also, the petitioners should also be
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given the same benefits. Accordingly, these Writ
Petitions stand allowed. No costs. Consequently,
connected Miscellaneous Petition is closed.”
4. In fact the above order has relied the earlier order of the Hon'ble
Division Bench of this Court of Madurai Bench made in W.P.(MD).No.908
of 2010 and the W.A.(MD).No.641 of 2010. All these matters, pertains to the
fringe upon the guidelines for compassionate appointment issued under
paragraph 2(iii) of the G.O.Ms.No.1499 dated 03.08.1989.
5. All these guidelines have come into effect from 03.08.1989 and the
petitioner has been appointed as early as on 22.05.1985. Hence, the above
guidelines are not applicable to the case of the petitioner. Since the
respondents have not passed any order by considering the representation of
the petitioner, the respondents are directed to consider the representation of
the petitioner in accordance with law and other guidelines, if any applicable
to the facts of the case of the petitioner and pass appropriate orders within a
period of eight (8) weeks from the date of receipt of a copy of this order.
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6. Accordingly, this Writ Petition stands disposed of. No costs.
29.11.2023
Jeni
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order
To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Health and Family Welfare Department,
Secretariat,
Chennai 600 009.
2.The Director of Public Health
and Preventive Medicine,
Chennai 600 006.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
Jeni
29.11.2023
https://www.mhc.tn.gov.in/judis
