N.Suganya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN N.Suganya W/o. Late Mr.Dinesh.
Petitioner Vs.
1. The District Collector, Salem, Salem District.
2.The Tahsildar Taluk Office, Mettur, Salem District.
3.K.Nallathambi 4.N.Sumathi Respondents PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka. No.3210 / 2014 /A4 dated 18.09.2024 passed by the 2nd Respondent and quash the same and consequently direct the respondents to issue integrated certificate for a compassionate ground appointment to the petitioner within a time stipulated by this Court.
For Petitioner(s):
KV Law Firm J.Hariharan For Respondent(s):
Mr.M.Shajahan SGP for R1 & R2 Mr.C.Prabhakaran for R3 & R4
ORDER
The writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to an order dated 18.09.2024, passed by the second
respondent/the Tahsildar, Taluk Office, Mettur, Salem District in Na.Ka. No.3210 / 2014 /A4 and quash the same and direct the respondents to issue an integrated certificate for compassionate grounds appointment to the petitioner. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been married to Dinesh, who was appointed as Police Constable Grade II on 02.11.2017. A male child was also born on 16.12.2021. When the husband of the petitioner was driving a Police Jeep bearing registration number along with the other police officials on official duty, he met with an accident with a Government Bus. The husband of the petitioner and other officers suffered serious injuries. The husband of the petitioner died and another police officer also died on the spot. FIR in crime No.
156 of 2024 had been registered on 11.04.2024 by the Kilpennathur police station. 3.It had been contended that the third respondent/ father in law of the petitioner is also a retired police officer, who is receiving Rs.25,000/- as pension. The petitioner had sought employment on compassionate grounds.
legal heirship certificate. But, however, the third and fourth respondents had given their objections. It is under those circumstances, the second respondent has passed the impugned order that since the third and fourth respondents had given an objection an integrated legal heirship certificate cannot be issued. The said order is straight away rejected and set aside. The petitioner is a widow. Her husband had died in an accident. The third respondent/his father is not a class I legal heir. The fourth respondent is his mother, one of the legal heirs along with the petitioner herein. The impugned order had been passed without adherence to the Rules, Law and Guidelines. The Tahsildar should realise that the petitioner stands on a better footing than the father and the mother. Petitioner also has a young infant to look after.
The learned counsel for the third and fourth respondents stated that the petitioner had received the compensation and insurance benefits. But, the learned counsel for the petitioner stated that the entire benefits had been deposited in the name of the minor. It is thus evident that the unfortunate strife within the family has played upon the mind of the second respondent in passing the impugned order.
4.The said order is set aside. A direction is given to the second respondent to pass necessary orders granting integrated legal heirship certificate to the petitioner. Petitioner may directly apply seeking compassionate appointment, and on the basis of the same, the employee of the late husband of the petitioner may, if the petitioner is otherwise eligible, grant appropriate employment to the petitioner herein. Necessary orders to be passed by the second respondent within a period of three weeks from the date of receipt of a copy of this order. Thereafter, on receipt of the representation, necessary orders may be passed without any undue delay by the employer of the deceased husband of the petitioner.
5.The writ petition stands allowed. No Costs. Consequently, connected miscellaneous petitions, if any, are also closed. 09-04-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector Salem, Salem District.
2.The Tahsildar Taluk Office, Mettur, Salem District.
C.V.KARTHIKEYAN J.
sli 09-04-2025