G.A.Usha Devi v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.14481 of 2020 G.A.Usha Devi
...Petitioner
Vs
1. The Chairman, NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
2. The Director, Human Resource Department, NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
3. The Chief General Manager (Unit Head), NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 07.09.2020 to provide employment under the Scheme for employment for the dependent of the deceased.
For Petitioner :
Mr.S.Senthil Kumar For Respondents :
Mr.N.Nithianandam
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein is the wife of one Arunkumar, who claims to be an erstwhile employee of NLC India Ltd. In view of a dispute between the petitioner and her younger son, which dispute is claimed to have been prompted by the petitioner's father-in-law, the claim for compassionate appointment has resulted in filing of the present writ petition.
3. It is now stated that the petitioner and her younger son, through her father-in-law, have amicably settled the dispute among themselves and have entered into a Memorandum of Compromise.
4. The terms of the compromise may not be significant for being addressed by this Court, since they are between private parties and the claim with regard to compassionate appointment is concerned, it requires to be considered in accordance with the scheme of NLC.
5. The mere fact that the private parties have compromised among themselves would not give them right to claim compassionate appointment on preferential basis on the terms of compromise. However, if the petitioner is granted liberty to approach the respondents herein with a representation seeking for compassionate appointment, in accordance with the arrangement arrived between them by way of a compromise, with a consequential direction to the respondents to consider the same within a stipulated time, the ends of justice could be secured.
6. In the light of the above observation, the petitioner is granted liberty to make a fresh representation to the respondents ventilating her grievances and on receipt of the same, the respondents shall consider it on its own merits and take necessary further course of action in accordance with law, within a period of 12 weeks from the date of receipt of the representation, if any.
7. The writ petition stands disposed of, accordingly. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar hvk
To 1.The Chairman, NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
2.The Director, Human Resource Department, NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
3.The Chief General Manager (Unit Head), NLC India Ltd., Head Office, Block-1, Neyveli - 7, Cuddalore District.
W.P.No.14481 of 2020 GJ (CO) PR (06/09/2021)