Suganya v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.1572 of 2025 Suganya ... Petitioner Vs.

1. The Commissioner, The Social Welfare Department, 2nd Floor, Panagal Maligai, 1, Abdul Razzak St, Anna Nagar, Saidapet, Chennai.

2. The District Social Welfare Officer, The District Social Welfare Office, Madurai, Madurai District.

3. The District Social Welfare Officer, The District Social Welfare Office, Villupuram, Villupuram District.

(R-3 is suo motu impleaded as per order dated 28.01.2025 in W.P.(MD).No.2193 of 2025 by R.V.J.) ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent pertaining to its proceeding in Na.Ka.No.5366/A1/2016 dated 15.02.2020 and to quash the same and consequently direct the respondents to provide appointment on compassionate ground pursuant to the demise of her husband Vasanth who died on 30.08.2016. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

Mr.A.Baskaran, learned Additional Government Pleader takes notice on behalf of the respondents.

2. The instant writ petition has been filed by the wife of a deceased employee seeking to quash the proceedings of the 2nd respondent dated 15.02.2020, wherein the 2nd respondent has addressed a communication to the District Social Welfare Officer, Villupuram requesting them to make entries relating to SSLC qualification of the deceased employee. 2/6

3. A perusal of the records reveals that the petitioner's husband namely Vasanth was originally working as a Junior Assistant in the Social Welfare Department, Villupuram and later he was transferred to the 2nd respondent office. He had passed away while in service on 30.08.2016. The petitioner herein is making strenuous efforts to get compassionate appointment. However, citing the fact that SSLC qualification of the deceased employee has not been entered into the service register, the issue is being delayed. The 2nd respondent has addressed a communication to the District Social Welfare Officer, Villupuram requesting them to make entries relating to SSLC qualification. This order is put to challenge in the present writ petition.

4. A perusal of the records further reveals that the Joint Director of Government Examination has addressed a communication to the 1st respondent on 06.07.2021 indicating the fact that the petitioner's husband has passed SSLC in April 1997. Therefore, there cannot be any doubt about the fact that the petitioner's husband has cleared SSLC examination way back in the year 1997. In such circumstances, the District 3/6

Social Welfare Officer, Villupuram is suo motu impleaded as the 3rd respondent.

5. In view of the above said facts, this Court is inclined to pass the following orders:- (a) The petitioner herein is directed to submit a copy of the communication of the Joint Director of Government Examination dated 06.07.2021 to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order.

(b)Based upon the said communication, the 3rd respondent is directed to make entries in the service register of the deceased employee and forward the same to the office of the 2nd respondent within a period of 4 weeks from the date of receipt of a communication from the writ petitioner. (c) On receipt of the service took from the 3rd respondent, the 2nd respondent shall proceed to act in accordance with law on the basis of the representation of the writ petitioner dated 14.06.2023 and pass orders on merits and in accordance with law within a period of 12 weeks thereafter. 4/6

6. The writ petition stands disposed of with the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed.

28.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

R.VIJAYAKUMAR , J.

rgm To

1. The Commissioner, The Social Welfare Department, 2nd Floor, Panagal Maligai, 1, Abdul Razzak St, Anna Nagar, Saidapet, Chennai.

2. The District Social Welfare Officer, The District Social Welfare Office, Madurai, Madurai District.

3. The District Social Welfare Officer, The District Social Welfare Office, Villupuram, Villupuram District.

and W.M.P.(MD)No.1572 of 2025 28.01.2025 6/6