Selvam, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6223 of 2018 Selvam D/o Anburose ..

Petitioner -vs1. The Secretary to Government Revenue Department Secretariat Chennai 600 009

2. The District Collector Perambalur District Perambalur

3. The Tahsildar Veppanthattai Taluk Perambalur District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 17.05.2017 in the light of G.O.(Ms.) No.78 of Labour and Employment (Q-1) Department dated 21.04.2017. For Petitioner :: Ms.N.Valliamma For Respondents :: Mr.R.S.Selvam Government Advocate

ORDER

This writ petition has been filed seeking a mandamus to the respondents to consider the representation of the petitioner dated 17.5.2017 in the light of G.O.Ms.No.78, Labour and Employment (Q-1) Department dated 21.04.2017.

2. Learned counsel for the petitioner submitted that the petitioner's father, while serving as Village Assistant, died on 11.9.2013 leaving behind the petitioner, her brother Mr.Muthamizhselvan and her mother Mrs.Nirmala, W/o late Anburose. Immediately after the demise of her father, the petitioner's family was facing utter poverty and also in https://hcservices.ecourts.gov.in/hcservices/

indigent circumstances. Therefore, a representation was given on 23.10.2013. But sadly, the third respondent has not taken any action on her representation dated 23.10.2013. Therefore, another representation was given on 28.10.2013 to the second respondent, who has rejected the case of the petitioner on 12.4.2016 on the ground that the petitioner is a married daughter, hence, she is not entitled to get the compassionate appointment. As against that, another representation was given on 17.5.2017 bringing to the notice of the respondents that G.O.Ms.No.78, Labour and Employment (Q-1) Department dated 21.4.2017 specifically says that there is no bar for a married daughter to get the benefit of compassionate appointment.

3. But the petitioner has not questioned the correctness of the rejection order dated 12.4.2016. Therefore, no writ of mandamus can be issued, for the simple reason that the petitioner had accepted the rejection order dated 12.4.2016 almost two years ago. Hence, the writ petition fails and it is dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar ss To

1. The Secretary to Government Revenue Department Secretariat Chennai 600 009

2. The District Collector Perambalur District Perambalur

3. The Tahsildar Veppanthattai Taluk Perambalur District +1cc to Mr.N.Valliammal, Advocate SR.No.20861 +1cc to Government Pleader SR.No.21409 W.P.No.6223 of 2018 GN(12/04/2018) https://hcservices.ecourts.gov.in/hcservices/