I.Maheshwari vs The Manager
2023 Latest Caselaw 13534 Mad

                                                                               W.P No.10778 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 05.10.2023

                                                        CORAM

                                  THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                  W.P No.10778 of 2020
                     I.Maheshwari                                              ... Petitioner
                                                          Vs.

                     1.The Manager,
                       The Pondicherry Co-operative Whole
                        Sales Stores Ltd., No.P.44,
                       No.288, Mahatma Gandhi Road,
                       Puducherry 605 001.

                     2.Radjame @ Kasthuri
                                                                              ... Respondents
                     Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                     to issue a Writ of Certiorarified Mandamus, to call for the records
                     relating to the letter in Ref.No.PCWS/Estt./A/2516/97-98 dated
                     08.03.2019, on the file of the first respondent and to quash the same and
                     direct the first respondent to consider the name of the petitioner for her
                     appointment on compassionate ground without insisting on the No
                     Objection Certificate from the second respondent, within a time frame as
                     may be fixed by this Court.
                                  For Petitioner  : Ms.Elizabeth Ravi
                                  For Respondents : Mr.Vignesh Imayavaramban for R1
                                                    No appearance for R2

                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                    W.P No.10778 of 2020

                                                          ORDER

This Writ Petition has been filed seeking issuance of Writ of

Certiorarified Mandamus to call for the records relating to the letter in

Ref.No.PCWS/Estt./A/2516/97-98 dated 08.03.2019, on the file of the

first respondent and to quash the same and direct the first respondent to

consider the name of the petitioner for her appointment on compassionate

ground without insisting on the No Objection Certificate from the second

respondent, within a time frame as may be fixed by this Court.

2. Heard Ms.Elizabeth Ravi, learned counsel for the petitioner and

Mr.Vignesh Imayavaramban, learned counsel appearing for R1.

3. The facts of case in brief are as follows:

The petitioner's husband by name Ilandjegiane was working as a

Joint Cashier at Tirukkanur Bar of Amudhasurabhi Co-operative Super

Market, a unit of the first respondent and he died on 22.02.2015, while

he was in service. The petitioner and her minor daughter Anushka and

her mother-in-law are the only legal heirs of the deceased Ilandjegiane.

In this regard, the petitioner has also filed a Suit in O.S.No.1818 of 2015

https://www.mhc.tn.gov.in/judis W.P No.10778 of 2020

for seeking declaration that the petitioner, her minor daughter along with

the second respondent are the legal heirs of the deceased husband

Ilandjegiane. When the petitioner sought appointment under

compassionate appointment scheme, she was informed through the first

respondent's letter dated 08.03.2019 that her application should be

considered only if she could get No Objection Certificate from the

second respondent and submit it to the first respondent.

4. The petitioner was forced to file a suit in O.S.No.1818 of 2015,

just because she had some misunderstanding with the second respondent

and her status as the wife of the deceased Ilandjegiane has also been

upheld by the judgment of the II Additional District Munsif Court,

Puducherry in O.S.No.1818 of 2015. Further, the petitioner and her

minor daughter and the second respondent alone are the legal heirs of the

deceased. Admittedly, the second respondent is now 67 years old and at

any cause, she cannot compete with the petitioner for seeking

compassionate appointment on the ground that she is also a family

member of the deceased employee. The one and only otherwise eligible

https://www.mhc.tn.gov.in/judis W.P No.10778 of 2020

person for consideration under compassionate appointment scheme

would be the petitioner alone.

5. Since she was forced to obtain No Objection Certificate which

cannot be obtained by her in view of the strained relationship between

herself and the second respondent, the first respondent shall not insist the

first petitioner to produce No objection Certificate in the above manner.

Hence the first respondent is directed to consider the application of the

petitioner and pass appropriate orders.

6. With these observations, this Writ Petition is disposed and the

first respondent is directed to consider the application of the petitioner

and pass appropriate orders. No costs.

05.10.2023

Index : Yes Internet : Yes/No gsk

https://www.mhc.tn.gov.in/judis W.P No.10778 of 2020

To The Manager, The Pondicherry Co-operative Whole Sales Stores Ltd., No.P.44, No.288, Mahatma Gandhi Road, Puducherry 605 001.

https://www.mhc.tn.gov.in/judis W.P No.10778 of 2020

R.N.MANJULA, J.

gsk

W.P No.10778 of 2020

05.10.2023

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