P.Kamatchi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2017
CORAM:
THE HON'BLE MR. JUSTICE NOOTY. RAMAMOHANA RAO and THE HON'BLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No.7909 of 2015 and M.P. Nos.1 & 2 of 2015 W.P. No.21449 of 2015 P. Kamatchi Petitioner in WP No.7909 of 2015 S. Vinothini Petitioner in WP No.21449 of 2015 vs.
The State of Tamil Nadu represented by its Secretary Labour & Employment Department Fort St. George Chennai 600 009 The Principal District Judge Combined Court Complex Chengalpattu 603 002 Kanchipuram District Respondents in WP No.7909 of 2015 The Principal District Judge Thiruvarur The Registrar General High Court Chennai 600 104 Respondents in WP No.21449 of 2015 Prayer in W.P. No.7909 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the first respondent in G.O. Ms.No.560, Labour & Employment Department dated 03.08.1977 and quash clause (2) insofar as it restricts the definition of "near relative" to include only the wife/husband/son/unmarried daughter of the Government servant who died in harness insofar as the petitioner is concerned and the records of the second respondent in the consequential order dated 20.02.2015 in A.No.578/2014, quash the same and consequently, direct the second respondent to appoint the petitioner in a post suitable to her educational
qualification on a compassionate basis as a result of the death of her father.
Prayer in W.P. No.21449 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the official memorandum of the first respondent in D.No.220/2015 dated 19.01.2015 returning the application dated 08.09.2014 of the petitioner for compassionate appointment and quash the same and consequently, directing the first respondent to appoint the petitioner on compassionate ground.
For petitioner in WP No.7909 of 2015 Mr. A. Jenasenan For R1 in WP No.7909 of 2015 Mr. S. Babu, Govt. Advocate For R2 in WP No.7909 of 2015 Mr. P.K. Rajagopal For petitioner in Mr. R. Saravanakumar WP No.21449 of 2015 For respondents in Mr. R. Tholgappian WP No.21449 of 2015 COMMON ORDER (Common order of the Court was made by NOOTY. RAMAMOHANA RAO, J.) In view of commonality of the issue involved, both the writ petitions are considered and decided by this common order. The question that is raised in these writ petitions relates to eligibility of a married daughter to seek appointment on compassionate ground upon the death of the breadwinner of the family.
We are now informed at the Bar that the State Government, pursuant to the order dated 17th April 2014 passed by this Court in W.P.No.14341 of 2012, have considered the entire matter afresh and taken a decision through their G.O. (Ms.). No.78, Labour and Employment (Q1) Department dated 21.04.2017 that even a married daughter is entitled to be considered for appointment on compassionate ground, apart from the other eligible members of the family.
Therefore, both these writ petitions stand disposed of with
a direction to the respondents to consider the case of the writ petitioners afresh, in the light of and in accordance with G.O (Ms.) No.78, Labour and Employment (Q1) Department dated 21.04.2017 and take appropriate decision as expeditiously as possible, preferably within a maximum period of two months from the date of receipt of a copy of this order. Costs made easy. Connected M.Ps. are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The Secretary Labour & Employment Department Government of Tamil Nadu Fort St. George Chennai 600 009 The Principal District Judge Combined Court Complex Chengalpattu 603 002 Kanchipuram District The Principal District Judge Thiruvarur The Registrar General High Court Chennai 600 104 +1cc to Mr.A.Jenasenan, Advocate, S.R.No.42729 +1cc to Mr.R.Saravanan, Advocate, S.R.No.42691 +1cc to the Government Pleader, S.R.No.42393 W.P. Nos.7909 & 21449 of 2015 SCD(CO) RS(29/06/2017)