The Tahsildar v. S. Jegaveerapandian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.02.2019
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.A No.491 of 2016 and CMP No.6722 of 2016 1.The Tahsildar Cheyyur Taluk, Kancheepuram District.
2.The District Collector, Kancheepuram District, Kancheepuram.
...Appellants/ Respondents Vs S.Jagaveerapandian
...Respondent/ Petitioner
Prayer:- Writ Appeal filed under clause 15 of Letters Patent, against the order dated 09.06.2015 made in W.P.No.16148 of 2015.
Prayer in W.P.No.16148 of 2015:
This Writ Petition filed under Article 226 of the Constitution of India praying to calling for the records relating to the order dt 2.3.2015 made in Na. Ka. 37938/2008/A4 on the file of the 2nd respondent herein and quash the same and consequently direct the respondents to grant appointment to the petitioner on compassionate grounds.
For Appellants : Mrs.A.SriJayanthi Special Govt.Pleader For Respondent : Ms.V.Suguna
J U D G M E N T
(Delivered by K.K.SASIDHARAN,J.) The learned single Judge set aside the order passed by the appellants denying compassionate appointment to the respondent and a direction was issued to consider the matter afresh. Feeling aggrieved by the said order, the present appeal is filed.
2. When the appeal came up for hearing on 6 February 2019, the learned Special Government Pleader made a statement before this Court. We therefore passed the following order:- " The learned Special Government Pleader would submit that the respondent was called upon to produce the Educational Certificates for the purpose of
considering his application for compassionate appointment.
The said communication was challenged by the respondent in W.P.No.16148 of 2015 and a positive direction was issued for his appointment. Subsequently, a contempt petition was filed in Contempt Petition No.2424 of 2015 and pursuant to the orders passed by the learned single Judge, the respondent was given appointment.
2.The learned Special Government Pleader seeks time to take instructions from the appellants as to whether the respondent has produced all his certificates for appointment or as to whether only on account of the order passed by the learned single Judge in the Contempt Petition, he was given the order of appointment."
3. When the appeal is taken up for hearing today, the learned Special Government Pleader on instructions submitted that the respondent was appointed on satisfaction of possession of necessary educational certificates. Even though direction was given only to consider the matter afresh, the fact remains that pursuant to the direction given in the contempt petition, the appellants appointed the respondent on 22 September 2017.
4. We are informed that the respondent is presently working in the post of Junior Revenue Inspector. The only objection raised by the appellants earlier appears to be on account of non-production of educational certificates.
The respondent has now produced educational certificates and on the basis of those certificates, he was appointed as Junior Revenue Inspector.
5. In view of the subsequent events narrated above, nothing survives for adjudication in this appeal.
6. The intra court appeal is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar svki
1.The Tahsildar Cheyyur Taluk, Kancheepuram District.
2.The District Collector, Kancheepuram District, Kancheepuram.
W.A No.491 of 2016 A.SK(08/04/2019)