G.Raman v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Raman ..

Petitioner Vs.

1. The State of Tamil Nadu Represented by its Secretary Revenue Department Fort St. George Chennai - 600 009.

2. The Secretary to Government Personnel, Administrative and Reforms Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

3. The Secretary to Government Labour and Employment Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

4. The District Collector Kallakurichi District.

5. Thoppukkaran ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the fourth respondent to conduct enquiry against the appointment of the fifth respondent as Village Administrative Officer on compassionate ground on the basis of the petitioner's representation dated 28.07.2022 preferred to the fourth respondent in accordance with law.

For the Petitioner : Mr.S.Mohamed Ansar For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Mohamed Ansar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4.

2. The petitioner is challenging the appointment of the fifth respondent on compassionate ground.

3. Learned counsel for the petitioner submits that the petitioner has given a representation on 28.07.2022 to conduct an enquiry and take necessary action against the appointment of the fifth respondent as a Village Administrative Officer. The fifth respondent is appointed on compassionate ground. The same cannot be hereditary. The selection process has been bypassed and the appointments are given.

4. The petitioner does not claim to have been aggrieved. The policy of compassionate appointment is with the object to provide immediate succour to the family of the deceased dying in harness.

5. The father of the fifth respondent has died. In his place, the fifth respondent has been appointed on compassionate ground. Only because the fifth respondent's grandfather was also working on the said post, that would not be sufficient to imply malafides. Moreover, the petitioner is not affected. Public interest litigation cannot be entertained in such matters.

6. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :

Yes/No :

Yes/No drm

To

1. The Secretary The State of Tamil Nadu Revenue Department Fort St. George Chennai - 600 009.

2. The Secretary to Government Personnel, Administrative and Reforms Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

3. The Secretary to Government Labour and Employment Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

4. The District Collector Kallakurichi District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 01.11.2023