E.Nandhini v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.24932 of 2023 and WMP.No.24361 of 2023 E.Nandhini ... Petitioner Vs.

1.The Director, O/o.Directorate of Social Welfare, 2nd Floor, Panagal Building, Saidapet, Chennai 600 015 2.The District Collector, Erode District, Erode 3.P.A.to District Collector(Nutritious Meal Programme), O/o.District Collectorate, Erode District, Erode ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the third respondent in Na.Ka.No.2500/2023/Pa.A6 dated 05.04.2023 and to quash the same and consequently directing the respondents to pass orders 1/4

granting appointment to the petitioner on compassionate grounds based on her qualification instead of her sister Kavitha with all consequential benefits.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Balathandayutham, Special Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the third respondent dated 05.04.2023, thereby rejected the claim made by the petitioner for appointment on compassionate ground. 2.

The petitioner's mother was employed as Cook Assistant in Noon Meal Centre at Pasuveshwarar Veedhi Primary School, Bhavani Municipality, Erode District as her father pre-deceased on 17.01.2008. While she was in service, she died on 20.04.2012 itself leaving behind three daughters. The second daughter applied for employment on compassionate appointment and it is pending. In the mean while, after period of 11 years, once again the third daughter i.e. the petitioner herein, filed another application seeking appointment on compassionate ground 2/4

on 29.03.2023. It was rightly rejected on the ground that the earlier application submitted by the elder daughter is still pending for want of some documents. Therefore, this Court find no infirmity or illegality in the order passed by the third respondent.

3.

However, the second respondent is directed to pass appropriate orders on the application submitted by the second daughter i.e. one, Akkammadevi within a period of four weeks from the date of receipt of copy of this order. While considering the said application, the petitioner is at liberty to appear before the second respondent and her request may be considered while passing order on the application submitted by the elder daughter.

4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

24.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Director, O/o.Directorate of Social Welfare, 2nd Floor, Panagal Building, Saidapet, Chennai 600 015 2.The District Collector, Erode District, Erode 3.P.A.to District Collector(Nutritious Meal Programme), O/o.District Collectorate, Erode District, Erode

4. The Government Advocate, High Court, Madras.

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