Madras High CourtWP(MD)/19619/2014dismissed

V. Joyce, v. The Distriict Collector

2018-01-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.19619 of 2014 and MP(MD)No.1 of 2014 V.Joyce ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the second respondent to comply with the direction issued by the first respondent vide his proceedings in letter O.M.A4-22209-2014 dated 19.09.2014.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.S.Kumar Additional Government Pleader.

ORDER

The writ petitioner's father was working as a Village Assistant. He died in the year 1997. The writ petitioner was a minor then. The writ petitioner's mother was applied for an appointment on compassionate ground.

2.The same was declined on the ground that there was no scheme for granting an appointment on compassionate ground in the case of Village Assistant. An order to that effect was passed 13.01.1999. Subsequently, the Government issued G.O.Ms.No.362, dated 07.07.1999 introducing the scheme for appointment on compassionate ground even in the case of Village Assistants. Invoking the said Government Order, the writ petitioner submitted a fresh application on 20.03.2006. The same was also came to be rejected by the District Collector, Trichirappalli on 05.04.2006. The petitioner renewed her request in the year 2014. The District Collector, Trichirappalli by a memorandum dated 19.09.2014 directed the Tahsildar, Lalgudi to hold an enquiry and submit report in this regard.

3.The case of the writ petitioner is that the Tahsildar, Lalgudi the second respondent herein did not comply with the aforesaid direction of the District Collector. The writ petitioner https://hcservices.ecourts.gov.in/hcservices/

really has no case on merits. Three facts are not in dispute. Firstly, during the relevant time when the writ petitioner's father passed away, there was no scheme for granting compassionate appointment in the case of Village Assistants. Secondly, the application submitted by the writ petitioner's mother was rejected. Thirdly, more than anything else, the writ petitioner's application itself was rejected in the year 2006. Therefore, the endeavour of the writ petitioner cannot be encouraged.

4.There is no merit in this writ petition. It stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To, 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Lalgudi Taluk, Trichy District.

+1cc to Special Government Pleader, SR.No. 40263 +1cc to M/S.N.Anandakumar, Advocate SR.No. 40089 WP(MD)No.19619 of 2014 and MP(MD)No.1 of 2014 03.01.2018 skm JM/SV MMS/SAR 1/25.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/