A Single Judge Bench of the Madras High Court, comprising of Justice V. M. Velumani in the case of K.Uma Maheswari v. The Director of Medical Education & Ors. has observed that when the Petitioner was an M.A. graduate and eligible for the post of Junior Assistant on the compassionate ground then offering her the post of Office Assistant was not correct.
“The petitioner is an M.A graduate is entitled to an appointment on compassionate ground in consonance with employment of her husband and her educational qualification. The first respondent has registered the petitioner's request for the post of Junior Assistant in the year 2014 itself for appointing her as Junior Assistant, it is not correct in offering the post of Office Assistant.”
Background of the Case
In this case, the Petitioner- K Umaswami's husband was working as a Senior Assistant Professor at K.A.P Viswanatham Medical College, Trichy. He died in harness on 28.06.2012. Afterward, the Petitioner made a representation to appoint her to the post of Junior Assistant on compassionate ground.
The Respondent informed that her name was entered in the seniority list to the post of Junior Assistant on compassionate grounds and it will take some more time to consider the same. Till then she can join as Office Assistant. Aggrieved with that she filed the present petition seeking issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner as Junior Assistant on the compassionate ground upon the death of the husband of the petitioner.
Reasoning and Decision of the Court
The Second Respondent called the petitioner and asked her if she was willing to accept her appointment for the post of Office Assistant. Perusing all the facts the Court expressed that the petitioner- an M.A graduate was entitled to the appointment on compassionate grounds- because of her deceased husband's employment and her educational qualification.
Considering all the facts, the Court held that:
“the first respondent is directed to consider the representation of the petitioner, dated 04.09.2012 and pass orders, as per the earlier proceedings, dated 10.10.2014 and give appointment to the petitioner to the post of Junior Assistant within a period of four weeks from the date of receipt of a copy of this order.”
Therefore, the Court disposed of the petition without imposing any cost on it.
Case Details
Case: - W.P(MD) No. 7928 of 2021
Petitioner: - K.Uma Maheswari
Respondent: - The Director of Medical Education & Ors
Counsel for Petitioner: - Mr.R.Maheswaran
Counsel for Respondent: - Mr.C.M.Mari Chelliah Prabhu
Judge: Justice V. M. Velumani
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