S.Hema v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Hema ... Petitioner Vs.
1. The District Collector, Collectorate, Tenkasi District.
2. The Tahsildar, Tahsildar Office, Veerakeralamputhur Taluk, Tenkasi District.
3. Devi ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to issue the integrated certificate to the petitioner based on the representation of the petitioner dated 29.04.2025 within the time frame fixed by this Court. For Petitioner : Mr.S.Ramanathan For R1 and R2 : Mr.K.S.Selva Ganesan Additional Government Pleader ***** 1/5
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to issue the integrated certificate to the petitioner based on the representation of the petitioner dated 29.04.2025 within the time frame fixed by this Court.
2.This writ petition is filed by the daughter of the 1st wife of the deceased Mr.Saravanan, who was employed in TANGEDCO as Foreman. The petitioner sought for the integrated certificate which was refused by the Tahsildar stating that there is a rival claim by the 2nd wife. In the meanwhile, the 2nd wife has also sought integrated certificate. Since the same was not issued, another writ petition was filed by the 2nd wife daughter in W.P.(MD)No.22396 of 2024.
3. The learned Counsel appearing for the petitioner submitted that the integrated certificate may be issued for both the second wife as well as the legal heirs of the first wife, since the same will not give any right for compassionate appointment.
4. This Court is of the considered opinion that issuance of integrated certificate will not grant any right for compassionate appointment. The claim of compassionate appointment ought to be considered as per G.O.Ms.No.18, Labour 2/5
and Employment (Q1) Department, dated 23.01.2020. The TANGEDCO had passed BP proceedings adopting the said G.O.Ms.No.18. Therefore, the claim of compassionate appointment is an independent cause of action which ought to be considered in the light of BP proceedings passed by TANGEDCO.
5. As far as issuance of integrated certificate the Tahsildar ought to consider the same. It is submitted that the application for issuance of integrated certificate was submitted to the Tahsildar who belongs to two different jurisdictions. Therefore, this Court is directing the Revenue Divisional Officer, Tenkasi District to consider the application of both the second wife and legal heirs of the first wife. The RDO shall issue notice to the second wife and the legal heirs of the first wife, conduct an enquiry and shall consider the issuance of integrated certificate as per law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Therefore, the impugned order is set aside.
6. At the cost of repetition, it is made clear that the issuance of integrated certificate will not give any right to the parties to claim compassionate appointment and the issue of compassionate appointment shall be considered in the light of the B.P. Proceedings of TANGEDCO which was passed by adopting G.O.Ms.No.18 Labour and Employment (Q1) Department, dated 23.01.2020. 3/5
7. With the above observations and directions, this Writ Petition is allowed. There shall be no order as to costs. 08.07.2025 NCC : Yes / No (2/2) Index : Yes / No Internet : Yes Tmg To:
1. The District Collector, Collectorate, Tenkasi District.
2. The Tahsildar, Tahsildar Office, Veerakeralamputhur Taluk, Tenkasi District Copy to The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 08.07.2025 (2/2) 5/5