R.Karthika v. The Commisisoner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Karthika

...Petitioner

-Vs1.The Commissioner, Karumathampatti Municipality, Coimbatore District - 641 668.

2.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

3.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the representation submitted by the petitioner submitted on 05.01.2024 and to pass appropriate orders in accordance with the Rules for appointment of the petitioner as Junior Assistant instead of Water Supply Worker in Karumathampatti Municipality, in the light of the orders passed by this Hon'ble Court in W.P.No.40373 of 2016 dated 19.12.2019. For Petitioner : Mr.T.Ranganathan

For R1 : Mrs.Y.Yamunadevi Special Government Pleader For R3 : Mrs.R.L.Karthika Government Advocate.

ORDER

This Writ Petition has been filed for a direction directing the respondent to consider the representation submitted by the petitioner for appointment in the post of Junior Assistant instead of Water Supply Worker in Karumathampatti Municipality.

2. The learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's husband, viz., P.Sasikumar, while working as Water Supply Worker, died on 06.11.2018 leaving behind the petitioner and his two daughters. The petitioner had applied for employment on compassionate ground. Considering the said request, the petitioner was appointed as Water Supply Worker in the scale of pay of Rs.15,700/- to Rs.50,000/-. Since there are post vacant in the cadre of Junior Assistant, the petitioner submitted a representation to appoint her in the post of Junior Assistant.

4. It is only a compassionate appointment and as such, the petitioner has no right to choose her employment depending upon her

qualification and suitability. She was appointed in the post of Water Supply Worker in Karumathampatti Municipality. Therefore, the request made by the petitioner cannot be considered. Thus, the writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this Writ Petition stands dismissed. No costs. 28.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Commissioner, Karumathampatti Municipality, Coimbatore District - 641 668.

2.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028. 3.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.

G.K.ILANTHIRAIYAN. J, Lpp

28.02.2024