The Director Of School v. S.Revathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.7.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.A.No.833 of 2016 and C.M.P.No.10745 of 2016
1. The Director of School Education, College Road, Chennai 600 006.
2. The District Education Officer, Vellore, Vellore District.
Appellants
Versus
S.Revathi Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 14.7.2015 passed in W.P.No.21047 of 2015 on the file of this court. Writ petition filed Under Article 226 of the constitution of India praying of a Writ of certiorarified Mandamus calling for the entire records relating to the proceedings of the Ist Respondent is Mu.Mu.No.65593/J1/2013, dated 15.03.2014 and the consequential proceedings of the 2nd respondent in Na.Ka.No.2751/A1/2013, dated 03.04.2014 and to quash the above said proceedings and for a consequential direction to the respondents to appoint the Petitioner either as Junior Assistant or in any other suitable post befitting to her qualification on compassionate grounds. For appellants : Mr.K.Karthikeyan, Government Advocate
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Government Advocate appearing for the appellants.
2. The writ appeal is filed against the order of the learned Single Judge passed in W.P.No.21047 of 2015 granting the relief of compassionate appointment to the respondent herein. https://hcservices.ecourts.gov.in/hcservices/
3. The respondent herein, who claims to be a diploma holder in Civil Engineering and Construction Management, Autocad and also in Clients Server Technology, sought for appointment on compassionate grounds since her mother died in service. Since her request was rejected by the appellants, she had filed the writ petition.
The learned Single Judge, relying upon G.O.Ms.No.165, Labour & Employment Department dated 30.8.2010, set aside the impugned order and directed the appellants to provide appointment to the petitioner on compassionate ground. Challenging the same, the present writ appeal has been filed.
4. The stand of the learned Government Advocate is that in furtherance of the order passed by the learned Single Judge, a personal enquiry was conducted with regard to the family situation of the petitioner and it was found out that the father of the petitioner is also a pensioner and therefore, it is contended that the family of the petitioner is not suffering financially due to the death of her mother in harness and hence, she is not entitled to appointment on compassionate ground.
5. In the instant case, the mother of the petitioner died in service. According to the petitioner, she died in harness and the pension of the father of the petitioner who retired from service is only meagre. It appears that the learned Single Judge, having examined these factors, directed the appellants to provide employment to the petitioner on compassionate ground. We do not find any reason to interfere with the order of the learned Single Judge. The writ appeal is dismissed. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ssk.
To
1. The Director of School Education, College Road, Chennai 600 006.
2. The District Education Officer, Vellore, Vellore District.
1 cc to Government Pleader, sr.40260 W.A.No.833 of 2016 scd co, kra 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/