R. Rajan, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.10883 of 2014 and MP(MD)No.1 of 2014 R.Rajan ... Petitioner Vs
1. The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai-9.
2. The Director, Directorate of Public Library, No.737/2, Anna Salai, Chennai- 600 002.
3. The District Library Officer, District Library Office, Opposite to Taluk Office, Theni District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.964/A4/2014 dated 18.03.2014 on the file of the respondent No.2 and quash the same as illegal and consequently directing the respondent Nos.1 and 3 to appoint the petitioner in any of the eligible post on compassionate grounds within the time stipulated by this Court. For petitioner : Mr.T.Aswin Rajasimman for Mr.T.Lajapathi Roy For Respondents : Mrs. S. Srimathy Special Government Pleader
O R D E R
*********** The petitioner has come forward with this Writ Petition seeking to quash the impugned order passed by the second respondent in Na.Ka.No.964/A4/2014, dated 18.03.2014 and consequently to direct the respondent No.1 and 3 to appoint the petitioner in any of the eligible post on compassionate grounds within the time stipulated by this Court.
2.It is a peculiar case where a house-husband has come before this Court seeking compassionate appointment, on the ground that his spouse passed away on 27.12.2013.
3.The case of the Petitioner is that the petitioner's wife is working as a Village Librarian at Palakombai Village Library, Theni District, without any blemish and died on 27.12.2013. The petitioner herein has passed 12th standard and he is working as a salesman in daily wage basis and taking care of his son with his minimum salary. After the death of his wife, the petitioner herein made a representation on 31.04.2014 to the respondents 1 to 3 with all the necessary documents, to consider his name for any post in the Library on compassionate grounds and all the monetary benefits available to a Government employee has to be extended to him. 4.The second respondent through his proceedings in Na.Ka.No.964/A/2014, dated 18.03.2014, had rejected the petitioner's claim stating that his wife is not a Government servant and her service was not regularised in the said post. Since, the post was based on a special time scale pay, the petitioner cannot be considered for appointment on compassionate grounds and no monetary benefits can be given.
5.The learned counsel for the petitioner submitted that the second respondent herein through his proceedings Na.Ka.No.7157/A1/2013, dated 06.05.2014, sanctioned a sum of Rs.1,50,000/- in the name of his wife, as per the Tamil Nadu Government Family Security Fund Scheme. In the Service Register itself, the name of the petitioner's wife was mentioned as a Government Servant. Even though, the petitioner's wife was treated as a Government Servant, the respondents have rejected the petitioner's claim of compassionate appointment and the monetary benefits payable to his wife.
6.The learned Special Government Pleader submitted that the scheme of compassionate appointment is provided if the family is in indigent condition and also due to the death of a Government servant, the dependent can be given appointment on compassionate grounds, provided he / she satisfies the necessary requirements / qualifications in terms of the guidelines and Rules issued by the Government. It is further submitted that only the legal heir of the deceased regularised Government employee is eligible for compassionate appointment. Hence, the petitioner is not entitled to seek compassionate appointment.
7.The learned Special Government Pleader draw the attention of this Court to G.O.Ms.No.133, School Education(K1)Department, dated 12.7.2005 and in terms of the above Government Order, the Libraries have been identified and those persons who are employed in the said libraries alone would be treated as Government servants and others are not entitled to the relief, cannot be accepted as in the Government Order, it has been categorically stated that as to
how many posts are to be retained in the library and payments have got to be paid to them. No where it is stated in the said Government order that other persons like the deceased employee would not be treated as Government servants.
8.In view of above, this Court is of the view that since, according to the petitioner, he is a dependant of his wife and entitled to compassionate appointment, the petitioner's claim cannot be rejected, in case, if he fulfils the conditions issued by the Government. The petitioner, who projected himself as a house husband can be considered for compassionate appointment, if he fulfils the eligibility criteria issued by the Government. Therefore, the second respondent is directed to consider the petitioner's representation within a period of two months from the date of receipt of a copy of this order.
9.With this directions, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The Secretary, Government of TamilNadu, Department of School Education, Fort St.George, Chennai-9.
2. The Director, Directorate of Public Library, No.737/2, Anna Salai, Chennai- 600 002.
3. The District Library Officer, District Library Office, Opposite to Taluk Office, Theni District.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 85189 VSN/PNN TE/SV/SAR-2 : 12/11/2018 : 3P/5C ORDER MADE IN W.P.(MD) No.10883 of 2014 and M.P(MD)No. 1 of 2014 18.09.2018