P.Muthulakshmi v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.11363 of 2015 and M.P.(MD).No.1 of 2015 P.Muthulakshmi ... Petitioner Vs.

1.The Chairman, No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer (Personnel) No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, Tuticorin.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide any suitable employment to this petitioner on compassionate ground in commensurate with the petitioner's qualification in the light of the petitioner's representation dated 21.05.2015 within a time frame fixed by this Court.

For Petitioner : Mr.A.W.D.Tilak For Respondents : Mr.A.V.Ramanathan

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondents to provide suitable employment to the petitioner on compassionate ground.

2.The learned counsel for the petitioner states that the father of the writ petitioner was working as a Helper in Kurumbur Electricity Sub-Station of Tamil Nadu Generation and Distribution Corporation and died on 14.05.2013, while he was in service. The petitioner admits that her father had two wives. The petitioner is the daughter of the second wife namely Srimathi.Paripuranam. Admittedly, there was a family dispute between the two wives as well as the other legal heirs. A civil suit was filed and the learned

counsel for the writ petitioner states that the civil suit was decreed in favour of the writ petitioner. However, the fact remains that the case of the writ petitioner was not considered on account of the fact that the family dispute was prevailing during the relevant point of time.

3.The learned counsel appearing on behalf of the respondents states that the writ petitioner is the daughter of the second wife and no application in the prescribed format is submitted along with all required documents. On account of the family dispute, the case of the writ petitioner was not even taken for consideration for providing appointment on compassionate ground. In the event of submitting the application in the prescribed format along with all requisite documents, the case of the writ petitioner will be considered in accordance with the terms and conditions of the scheme on compassionate appointment.

4.This being the submission made, the writ petitioner is at liberty to submit a proper application in the prescribed format along with all other documents including No Objection Certificate from all other legal heirs to the competent authority and in the event of submitting any such application by the writ petitioner, the same shall be considered strictly in accordance with the terms and conditions of the scheme of compassionate appointment and decision shall be taken and orders are directed to be passed as expeditiously as possible.

5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS I) // True Copy // Sub Assistant Registrar(CS) To 1.The Chairman, No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer (Personnel) No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, Tuticorin.

+1 CC to M/s.A.W.THILAK, Advocate ( SR-69792[F] dated 19/06/2019 ) +1 CC to M/s.A.U.RAMANATHAN, Advocate ( SR-69831[F] dated 19/06/2019 ) W.P.(MD)No.11363 of 2015 and M.P.(MD).No.1 of 2015 18.06.2019 NS KK/SAR/05.07.2019/3P-6C