The Managing Director vs Amirthavalli
2024 Latest Caselaw 17127 Mad

Madras High Court

The Managing Director vs Amirthavalli on 30 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                W.A(MD)No.1757 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 30.09.2024

                                                         CORAM :

                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                               and
                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                                W.A(MD)No.1757 of 2024

                1. The Managing Director,
                Tamilnadu State Transport Corporation(Kum) Ltd.,
                Kumbakonam, Thanjavur District.

                2. The General Manager,
                Tamilnadu State Transport Corporation(Kum) Ltd.,
                Pudukottai Region, Pudukottai District.                           ... Appellants

                                                            vs.
                Amirthavalli                                                      ... Respondent
                          Prayer : Appeal filed under Clause 15 of the Letters Patent, against the
                order dated 16.02.2021 in W.P(MD)No.21516 of 2016.


                                    For Appellants    : Mr.A.Kannan
                                    For Respondent    : Mr.V.Panneerselvam for Mr.A.Rahul

                                                        JUDGMENT

(Judgement of the Court was made by R.SUBRAMANIAN, J.)

The order under challenge is one directing the appellants

Corporation to offer appointment to the respondent / writ petitioner on

compassionate grounds.

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2. It is not in dispute that the husband of the respondent / writ

petitioner served as a Conductor in the Corporation though on daily wage basis.

The learned Judge found from the records that the deceased employee had

worked for more than 240 days and he is entitled to have been regularised as

per the 12(3) settlement reached on 13.04.2015. The failure to regularise

cannot be taken advantage of by the Corporation. Once it is found that the

husband of the respondent has worked for 240 days and he is entitled to be

regularised under the 12(3) settlement dated 13.04.2015, compassionate

appointment cannot be refused on the ground that his services were not

regularised.

3. We are unable to fault the Writ Court for having directed the

appellants to offer job to the respondent / writ petitioner in the writ petition on

compassionate grounds. We see no merit in the appeal. The Writ Appeal fails

and it is accordingly dismissed. No costs.

                                                                (R.S.M, J.)   (L.V.G, J.)
                                                                      30.09.2024
                Index                  : Yes / No
                Neutral Citation       : Yes / No
                bala

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN

DATED : 30.09.2024

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