Madras High CourtWP(MD)/2212/2022dismissed

Jenifer Mary S v. The Chief Education Officer

2022-03-09Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.2212 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.2212 of 2022 and W.M.P(MD).Nos.1924 & 1927 of 2022 S.Jenifer Mary ... Petitioner Vs.

1 The Chief Education Officer Ramanathapuram District, Ramanathapuram.

2 The District Educational Officer, Mandapam, Ramanathapuram District.

3 The Block Educational Officer Mandapam Block, Ramanathapuram District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd Respondent in Na.Ka.No.280/A1/2021 dated 07.05.2021 and quash the same as illegal and consequently directing the respondents to appoint her on compassionate ground.

For Petitioner :

Mr.B.Vinoth Kumar For Respondents :

Mr.J.Ashok Additional Government Pleader

O R D E R

The order of rejection dated 07.05.2021 rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

2. The mother of the writ petitioner namely E.Peter Jaquilin was working as Head Master in Primary School and died on 18.10.2020, while she was in service. The petitioner made an application seeking appointment on compassionate ground. The said application was considered and the Authorities found that they require no objection from other legal heirs of the deceased employee. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2212 of 2022

3. This apart, the learned Additional Government Pleader made a submission that the husband of the deceased employee was a Government employee as on the date of death of the mother of the writ petitioner. When any one of the legal heirs at the time of death is working as Government employee, the family is not eligible to avail the benefit of scheme of compassionate appointment. Thus, there is no infirmity in respect of the order impugned.

4. Accordingly, the Writ Petition stands dismissed. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1 The Chief Education Officer Ramanathapuram District, Ramanathapuram.

2 The District Educational Officer, Mandapam, Ramanathapuram District.

3 The Block Educational Officer Mandapam Block, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-11164[F] dated 10/03/2022 ) W.P.(MD) No.2212 of 2022 09.03.2022 RK(23/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2