I.Tamilarasi v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.16575 of 2016 I. Tamilarasi Petitioner Vs.

1. Tamilnadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, Vazhuthareddy, Villupuram

2. The General Manager, Tamilnadu State Transport Corporation, (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to provide suitable appointment to the petitioner forthwith on compassionate grounds based on her educational qualification in the existing vacancies in Group-D basic service and non-ITI helper posts in Maduranthakam Depot or in chengalput Deport or any other Depot.

For Petitioner : Mr. V.Ajoy Khose For Respondents : Mr. S.Sairaman

O R D E R

The petitioner, who is the wife of employee, viz., E.Irusan, died on 23.11.2014, while in service, has come to this Court seeking a Writ of Mandamus directing the respondents to provide a suitable appointment to her on compassionate grounds.

2. Learned counsel appearing for the petitioner submitted that the petitioner's husband died on 23.11.2014 leaving behind two in-laws, two children and the petitioner in a grave pecuniary, due to which, the petitioner is unable to account her livelihood as well as her dependants. He would further submit that the petitioner, being a widow and wife of deceased employee, after death of her husband, by enclosing a copy of the death certificate along with legal heir certificate dated 30.12.2014 submitted a representation on 25.02.2015 to the 2nd respondent seeking appointment on compassionate ground, but

till date, the respondents have not considered the representation of the petitioner, hence he prayed to direct the respondents to consider the representation of the petitioner.

3. Mr.S.Sairaman, learned counsel, takes notice on behalf of the respondents and submitted that the respondents are maintaining the seniority list to grant compassionate appointment and in the said seniority list, the petitioner is placed in seniority no.618, however, 433 persons were considered for compassionate appointment. He would also submit that the petitioner cannot be given any special preference when the respondents are strictly following the seniority list and further submitted that the case of the petitioner would be considered on the basis of seniority.

4. Heard the submissions on either side.

5. Considering the submission of the learned counsel for the respondents that the respondents are maintaining seniority list for appointment of the persons on compassionate ground, this writ petition is disposed of, by directing the respondents to consider the case of the petitioner, as and when her seniority turns up for consideration. No costs.

11.10.2017 Speaking / Non-speaking order Index: Yes/No Internet : Yes / No ssd To

1. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram

2. The General Manager, Tamilnadu State Transport Corporation, (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.

+1 C.C. to Mr. V.Ajoy Khose, Advocate vide sr.no.73219 +1 cc Mr. S.Sairaman, Advocate vide sr.no.73979 W.P. No.16575 of 2016 RR 10/12/2016