Vikram v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Vikram .. Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by Secretary to Government, Social Welfare and Noon Meal Scheme Department, Fort St. George, Chennai.
2.The District Collector, Viluppuram District, Viluppuram.
3.The Director, Integrated Child Development Service (ICDS), No.1, Pammal Nallathambi Street, Taramani, Chennai - 600 113.
4.The District Project Officer, Integrated Child Development Service (ICDS), Villupuram District Collectorate, Viluppuram.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records 1/8
pertaining to the impugned order in N.K.No.2237/A1/2019 dated 01.02.2022 issued by the 4th respondent and to quash the same as illegal and violation of Article 14, 19, 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner in the post of Noon Meal Organizer to which he is eligible on compassionate grounds by applying the principles of parity.
For Petitioner :
Mr.R.Thirumoorthy For Respondents :
Mr.P.Balathandayutham Special Government Pleader
O R D E R
This writ petition has been filed challenging the impugned proceedings of the 4th respondent dated 01.02.2022, wherein the claim made by the petitioner for compassionate appointment was rejected and for a consequential direction to the respondents to appoint the petitioner in the post of Noon Meal Organizer.
2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 3.The case of the petitioner is that his mother joined as Anganwadi 2/8
Worker at the Anganwadi Centre in Vallam Panchayat. The petitioner's mother died on 12.09.2014 due to ill health. After her demise, the petitioner submitted an application to the 4th respondent seeking for compassionate appointment. The application submitted by the petitioner was processed and it was also recommended by the 3rd respondent to the 1st respondent through communication dated 27.11.2019. However, the 4th respondent proceeded to pass the impugned order rejecting the candidature of the petitioner only on the ground that a male candidate cannot be considered for appointment to the said post in view of G.O.Ms.No.48, dated 18.08.2021. Aggrieved by the same, the present writ petition has been filed before this Court. 4.On carefully going through the order of rejection, it is seen that reliance has been placed on G.O.Ms.No.
48, dated 18.08.2021. This Government Order came to be challenged before this Court in W.P.No.28231 of 2023. This Court was pleased to quash the Government Order by declaring the same as illegal and violative of Article 14 & 16 of the Constitution of India. The relevant portions in the order passed by this Court on 26.06.
"8. As far as the Noon Meal Scheme is concerned, there cannot be any quarrel over the 3/8
reservation of the said post to women.
Whereas, if the said employees died in harness while in service, the respondents themselves have included the said employment also within the scheme of compassionate appointment. The only thing is that the impugned Government Order states that since all the posts are reserved only for women candidates, compassionate appointment cannot be considered in respect of male candidates. The said reasoning makes a discrimination on the basis of sex. It not only affects the male children of female employees, but, effectively puts the female employees a par below to that of their male counterparts. The object of providing compassionate appointment is to provide succor to the family which is in penury. Just because the woman employee has left only a male legal heir/son, then, compassionate appointment cannot be deprived. Now, essentially, the G.O.Ms.No.48, dated 18.08.2021 discriminates and therefore, will not stand the scrutiny of Articles 14 & 16 of the Constitution of India. Accordingly, the same is declared to be illegal to the extent it totally denies the benefit to the male employees.
9. On the other hand, as directed by this Court in the earlier orders, if 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.
10. In view thereof, this Writ Petition is allowed on the following terms :- 4/8
(i) The Government Order in G.O.Ms.No.48 Social Welfare & Women Rights (Sa.Na4-2) Dept. dt.18.08.2021 is declared to be illegal and violative of Articles 14 and 16 of the Constitution of India to the extent it excludes male heirs completely from compassionate appointment;
(ii) Secondly, the impugned orders, dated 01.04.2022, 28.10.2022 and 04.08.2023 shall stand quashed;
(iii) The respondents are directed to forward the application of the petitioner to the District Collector, Nagapattinam district for consideration for employment in any other suitable posts along with other candidates according to the seniority subject to the eligibility of the petitioner;
(iv) The said exercise of forwarding it to the District Collector, Nagapattinam district shall be completed within four weeks from the date of receipt of a copy of this order;
(v) Upon receipt of the said application, the District Collector, Nagapattinam district may consider the same along with the other applications depending on the application seniority and appoint the petitioner on compassionate basis if he is eligible upon consideration on merits in accordance with seniority subject to availability of the vacancies;
(vi) There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed."
5.In view of the above, it is quite evident that the relevant Government Order in G.O.Ms.No.48, dated 18.08.2021 has been quashed and therefore, the claim made by the petitioner for compassionate 5/8
appointment cannot be rejected by quoting this Government Order. The claim made by the petitioner has to be independently considered on its own merits and in accordance with law by the 4th respondent. 6.This is more so since the candidature of the petitioner has already been recommended by the 3rd respondent to the 1st respondent through communication dated 27.11.2019.
7.In the result, the impugned proceedings of the 4th respondent dated 01.02.2022 is hereby quashed. There shall be a direction to the 1st respondent to consider the appointment of the petitioner on compassionate ground in line with the proposal that has already been forwarded by the 3rd respondent to the 1st respondent through communication dated 27.11.2019 and appropriate orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order.
8.In the result, this Writ Petition stands allowed with the above directions. No costs.
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(3/3) krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Government of Tamil Nadu, Rep. by Secretary to Government, Social Welfare and Noon Meal Scheme Department, Fort St. George, Chennai.
2.The District Collector, Viluppuram District, Viluppuram.
3.The Director, Integrated Child Development Service (ICDS), No.1, Pammal Nallathambi Street, Taramani, Chennai - 600 113.
4.The District Project Officer, Integrated Child Development Service (ICDS), Villupuram District Collectorate, Viluppuram.
N.ANAND VENKATESH, J.
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