M.Hemavathy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Hemavathy ... Petitioner -Vs1. Union of India, represented by Government of Puducherry, Chief Secretariat, Puduchery - 605 001.

2. The Director, Local Administration Department, Pondicherry - 605 001.

3. The Commissioner, Oulgaret Municipality, Puducherry - 605 005.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to establish the result of the screening committee in respect of petitioner's application as mentioned in Annexure to the proceedings No. 1-187 / Esst (1) / OM / 2023-24, on the file of the third respondent dated 01.03.2024 and consequently grant her father's job on compassionate ground.

For Petitioner : Mr.D.Sreenivasan For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader (Pondy)

ORDER

This Writ Petition has been filed for direction directing the third respondent to establish the result of the screening committee in respect of petitioner's application as mentioned in Annexure to the proceedings No. 1-187 / Esst (1) / OM / 2023-24, on the file of the third respondent dated 01.03.2024 and consequently grant her father's job on compassionate ground.

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

3. The petitioner's father was initially engaged as Driver Grade I on temporary basis in the third respondent municipality. Thereafter, he was absorbed on regular basis. While being so, on 01.09.2013, her father died leaving behind the petitioner and other legal heirs. The petitioner submitted an application seeking appointment on compassionate ground,

in the year 2020. However, the said application was kept in ineligible applications list.

4. On written instructions, the learned Additional Government Pleader (Pondy) appearing for the respondents submitted that on receipt of the application submitted by the petitioner seeking appointment on compassionate ground, it was not considered on the ground that the spouse of the deceased viz., the petitioner's mother is working as Assistant in Puducherry Planning Authority, Pondicherry.

5. In view of the above, the petitioner is not entitled for any employment on compassionate ground and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs.

01.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Government of Puducherry, Union of India, Chief Secretariat, Puduchery - 605 001.

2. The Director, Local Administration Department, Pondicherry - 605 001.

3. The Commissioner, Oulgaret Municipality, Puducherry - 605 005.

01.08.2024