Madras High Court
A.Mala vs The Tahsildar on 27 September, 2023
WP(MD)No.10509 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.10509 of 2023
and
WMP(MD)No.9338 of 2023
A.Mala ... Petitioner
Vs
1.The Tahsildar,
Taluk Office,
Aruppukottai – 626 101,
Virudhunagar District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Aruppukottai 626 101,
Virudhunagar District.
3.The District Collector,
Virudhunagar District,
Collectorate,
Virudhunagar -626 001.
4.Minor A.Pavithra
represented by defact guardian
Moother M.Pandiselvi
5.M.Amsaveni
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the
Constitution of India for issuance of a writ of
certiorarified mandamus to call for the records pertaining
to the impugned order passed by the 1st respondent in his
1/7
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WP(MD)No.10509 of 2023
memorandum Na.Ka.A4/619/2022 dated 16.03.2023 and to quash
the same and consequently direct the 1st respondent to issue
the integrated certificate for compassionate ground
appointment to the petitioner by conducting proper enquiry
without taking into consideration the objections raised by
the 5th respondent.
For petitioner : Mr.G.Kannan
For Respondent : Mr.V.G.Vairam Santhosh,
Nos.1 to 3 Additional Government Pleader
For Respondent : No representation
Nos.4 & 5
For Mediator : Mr.Ayiram K.Selvakumar
ORDER
The petitioner is the 2nd wife of one Annadurai.
Her husband Annadurai while working as a Revenue Inspector
in Arupukottai Municipality died on 28.05.2020.
The petitioner for the purpose of getting compassionate
appointment approached the respondents and she was directed
to get integrated certificate. The petitioner's request for
integrated certificate was rejected by the 1st respondent
Tahsildar vide proceedings dated 16.03.2023. Hence this
writ petition.
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WP(MD)No.10509 of 2023
2.The learned Counsel for the petitioner submits that
the petition is the legally wedded wife of Annadurai and
even before the marriage of this petitioner, Annadurai
married to one Pandiselvi in the year 2005 and subsequently
due to some misunderstanding they filed a petition for
divorce before the Sub Court, Aruppukottai in HMOP No.118
of 2012 and the marriage between the said Pandiselvi and
Annadurai was dissolved by the Sub Court Aruppukottai vide
judgment dated 05.10.2017. He further submits that the 1st
wife Pandiselvi eloped with her relative one Balamurugan
and they are living together at Coimbatore.
3.In the meantime through Pandiselvi, Annadurai is
having a female child, viz., Pavithra 4th respondent herein
and she is under the custody of her paternal grand mother
Parvathi 5th respondent herein. Based on the objections of
the 4th respondent, the daughter of Annadurai,
the 1st respondent has passed the impugned order rejecting
the request of the petitioner for issuance of integrated
certificate.
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WP(MD)No.10509 of 2023
4.Considering the issue, this Court referred this issue
for mediation and also requested a Senior Advocate of the
Bar to mediate the parties. However it is reported that
mediation failed.
5.This Court considered the rival submissions and
perused the materials placed on record.
6.The petitioner's husband Annadurai died on
28.05.2020. The petitioner is the legally wedded wife of
the said Annadurai on the date of his death. His 1st wife
Pandiselvi was divorced by way of proceedings HMOP.No.118
of 2012 before the Sub Court, Aruppukkotai vide judgment
dated 05.10.2017.
7.The Government vide its letter No.54 dated
23.05.2006, Labour and Employment Department, authorised
Tahildar to provide integrated certificate after enquiry.
In this regard, the Government has framed certain Rules
vide government order G.O.Ms.No.33 Labour Welfare and Skill
Development (Q1), dated 08.03.2023, namely, the Tamil Nadu
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WP(MD)No.10509 of 2023
Civil Services (Appointment on Compassionate Ground) Rules,
2023. As per Rule 3(2)(a) of the above Rules, the legally
wedded spouse of the deceased employee is in the priority
category than the son or daughter of the deceased. The
petitioner's application for integrated certificate was
rejected on the objections of the 4th respondent. The
objections of the 4th respondent daughter of the deceased
employee is not a ground for rejecting the application made
for integrated certificate.
8.Accordingly, the writ petition is allowed.
The impugned order is set aside. The 1st respondent is
directed to ascertain the petitioner is the legally wedded
wife of the deceased employee on the date of his death and
issue certificate after considering her indigent
conditions. No costs. Consequently connected miscellaneous
petition is closed.
27.09.2023
dsk
https://www.mhc.tn.gov.in/judis
WP(MD)No.10509 of 2023
To
1.The Tahsildar,
Taluk Office,
Aruppukottai – 626 101,
Virudhunagar District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Aruppukottai 626 101,
Virudhunagar District.
3.The District Collector,
Virudhunagar District,
Collectorate,
Virudhunagar -626 001.
https://www.mhc.tn.gov.in/judis
WP(MD)No.10509 of 2023
B.PUGALENDHI, J.
dsk
WP(MD)No.10509 of 2023
27.09.2023
https://www.mhc.tn.gov.in/judis
