Madras High CourtWP(MD)/3782/2014allowed

Gowri v. The Assistant Employment

2018-02-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 3782 of 2014 Gowri .. Petitioner Vs.

The Assistant Employment Officer, Tirunelveli.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for records relating to the order passed by the respondent in A.Thi.Mu.A2/10474/12, dated 20.09.2012 and quash the same and consequently direct the respondent to give preference to the petitioner's employment registration.

For petitioner : Mr. T.A.Ebenezer For respondent : Mr. M.Jeyakumar Additional Government Pleader ******

O R D E R

*********** Heard Mr. T.A.Ebenezer, learned Counsel appearing for the petitioner and Mr. M.Jeyakumar, learned Additional Government Pleader appearing for the respondent.

2. The The petitioner's father donated lands for construction of Adi Dravidar School. This is not in dispute. In fact the local Thasildar had already issued a certificate in this regard. Therefore, the petitioner's name is entitled to be registered in the Employment Exchange under the priority category. The only ground on which the respondent has denied the said benefit to the petitioner is that the petitioner is a married daughter.

3. This ground is patently unsustainable in law and it was so held vide order dated 11.09.2014 in W.P.(MD).No.13551 of 2014. G.O.Ms.No.188, dated 28.12.1976 states that preference will be given to the member of the family, whose lands were acquired for Government purpose. The expression "family member" would include even the daughter who got married. There cannot be a differentiation between married family members https://hcservices.ecourts.gov.in/hcservices/

and others who have not married. On this ground, the order impugned in this writ petition is set aside. This Court directs the respondent to register the name of the petitioner under the priority category forthwith.

4. This Writ petition stands allowed accordingly. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To:

The Assistant Employment Officer, Tirunelveli.

+One cc to Mr.T.A.Ebenezer, Advocate, SR.No.46177 +One cc to The Special Government Pleader, SR.No.46548 kmi RL/4C/2P/KK/SAR1/28/2/2018 ORDER MADE IN W.P. (MD) No. 3782 of 2014 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/