Madras High Court

J.S.K.Ashwin @ Tamilvanan … vs The Director on 23 October, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                            W.P.No.34754 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 23.10.2024

                                                      CORAM :

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                          Writ Petition No.34754 of 2023
                                           and WMP No.34723 of 2023


              J.S.K.Ashwin @ Tamilvanan                                    ….         Petitioner


                                                       -Vs-


              1.The Director
                Rural Development Panchayatraj Department
                Panagal Building
                Chennai 600 015.

              2.The Director of School Education (Elementary)
                DPI Campus
                College Road
                Chennai 600 006.

              3.The District Collector
                Thirupattur District.

              4.The Project Director
                Rural Development Panchayatraj Department
                Thirupattur District.

              5.Personal Assistant to the Collector
                Office of the District Collector
                Thirupattur.                                                    ..Respondents




                                                        1/9

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.34754 of 2023

              Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
              issuance of a Writ of                  Mandamus   directing the respondents herein to grant
              employment to the petitioner to the post of Office Assistant under the notification
              issued by the respondents vide Notification dated 27.09.2023 by taking into account
              the fact that the petitioner's land has been utilized for the construction of the School
              building without any payment of compensation or without resorting to any acquisition
              proceedings or in the alternative direct the respondents to pay due compensation to
              the petitioner under the provisions of the Right to Fair Compensation and
              Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.



                                    For Petitioner       :      Mrs.Dakshayani Reddy
                                                                Senior Counsel
                                                                for Ms.S.Suneetha

                                    For Respondents       :     Mr.P.Balathandayutham
                                                                Special Government Pleader
                                                                for R1, R3 to R5

                                                                Mrs.S.Mythreye Chandru
                                                                Special Government Pleader for R2



                                                                ORDER

This writ petition has been filed for the issue of a writ of mandamus

directing the respondents to grant employment to the petitioner to the post of Office

Assistant under the notification issued dated 27.09.2023 on the ground that the land

belonging to the petitioner was utilized for construction of the School building without

any payment of compensation or without resorting to any acquisition proceedings.

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2.The claim made by the petitioner in this writ petition has been objected

by the respondents by filing a counter affidavit. They have taken a stand that the

petitioner does not have any vested right to seek for appointment and therefore, the

writ petition is liable to be dismissed.

3.Heard Mrs.Dakshayani Reddy, learned Senior Counsel for the petitioner,

Mr.P.Balathandayutham, learned Special Government Pleader for R1, R3 to R5 and

Mrs.S.Mythreye Chandru, learned Special Government Pleader for R2.

4.I had an occasion to deal with a similar issue in WP.No.1868 of 2020 and

the writ petition was dismissed by an order dated 28.01.2020. I took into

consideration the fact that the petitioner therein did not have a vested right and if

employment had been given to similarly placed persons, that cannot be a ground to

grant such employment to the petitioner therein.

5.The said order was taken on appeal in WA.No.968 of 2020, before the

Division Bench. The Division Bench after upholding the order passed in the writ

petition took into consideration certain other factors. The relevant portions in the

Division Bench order dated 08.12.2023, is extracted hereunder:

12. However, when circumstances warrant, on case to case basis that kind of pleas can be considered by the Government as there has been precedent to that aspect, because, the G.O.(P)No.149,

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dated 06.09.2016 of the same Department with regard to the same post, in a similar circumstances issued by the Government makes it clear that, such kind of priority can be given for appointment in the post of Noon Meal Organiser by taking into account the land donated to the Government.

13. In this context, this Court wants to make an observation that, now a days the land cost whether in a village or in a town or in a city is costly depending upon the location. In most of the Government projects very often the Government is struggling to find out a suitable land or place.

14. When that being so, if this kind of philanthropist or genuine persons who come forward to donate their land acquired by them as their property out of their hard earned money, such a gesture shown by those donors can be reciprocated by the Government.

15. Even in case of land acquisition for some of the projects in Tamil Nadu Electricity Department i.e., TANGEDCO, such kind of gestures being shown by the Government by issuance of Government Order to give job to one person of the family from whom the land is acquired for any Government projects. That is the logic being followed by the State Government insofar as the land donors are concerned, therefore here also the same logic can be applied.

16. That is the reason why under a similar circumstances G.O.(P)No.149 dated 06.09.2016 was issued, therefore if at all, not as a matter of right, but the petitioner can very well seek such a claim for appointment on compassionate ground as Noon Meal Organiser or Noon Meal Worker in the very same village where the

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School has been constructed in the land donated by her family and such a plea since is raised that can be considered sympathetically on compassionate ground by the department. Therefore, we are of the view that, the order passed by the learned Judge which is impugned herein can be modified to that extent by giving the following directions.

That there shall be a direction to the 1 st respondent to take a decision on the plea raised by the petitioner/appellant for which a report can be sought for from the District Collector and also from the Director of Social Welfare Department as to whether such a compassionate appointment can be given to the petitioner on the ground that, the land in which the School was constructed where the post has now arisen, was the land donated by the family of the petitioner. By taking into account of the same gesture shown to similarly placed persons especially in G.O.(P) No.149 dated 06.09.2016 of the same Department which is a recent order and also taking into account of the afore stated observation shall pass order by the 1 st respondent within a period of two months from the date of receipt of a copy of this judgment.

6.The learned Senior Counsel appearing on behalf of the petitioner

submitted that a similar direction can be issued in the present case also.

7.It will be left open to the petitioner to make a fresh representation

before the Principal Secretary to Government, Rural Development and Panchayat Raj

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Department, Chennai, seeking for appointment on compassionate grounds. The same

will be dealt with on its own merits and in accordance with law and a decision shall be

taken by the Government within a period of twelve weeks from the date of receipt of

the representation from the petitioner.

8.This writ petition is disposed of in the above terms. No costs.

Consequently, connected miscellaneous petition is closed.

23.10.2024