Jothy Shree .C v. The Deputy Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Jothy Shree ... Petitioner Vs.

1.The Deputy Secretary to Government, Labour and Employment Department, Secretariat, Fort st.George, Chennai-600 009.

2.The Commissioner, 3.The Educational Officer, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to appoint the petitioner on compassionate ground in any suitable post commensurate with the qualification possessed by the petitioner with all monetary and service benefits based on the petitioner's representation, dated 19.12.2011 and 01.02.2021.

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For Petitioner : Mr.S.Muthu Malai Raja For R1 : Mr.N.Ramesh Arumugam Government Advocate For R2 & R3 : M/s.S.Devasena

ORDER

The present writ petition has been filed seeking direction to the respondents to appoint the petitioner on compassionate ground in any suitable post commensurate with the qualification possessed by the petitioner with all monetary and service benefits based on the petitioner's representation, dated 19.12.2011 and 01.02.2021.

2. The petitioner's mother one R.Shanthi has worked as Post Graduate Teacher in E.V.R.Nagammaiyar Girls Higher Secondary School, Madurai Corporation. While she was in service, she died on 22.09.2011. The petitioner made an application on 19.12.2011 to the 3rd respondent seeking appointment on compassionate ground. The 3rd respondent required the petitioner to produce certain necessary documents vide letter, dated 20.12.2011. The petitioner duly submitted all the necessary certificates before the 3rd respondent. However, the 2/6

petitioner's application was not considered. Hence, the petitioner made another representation to the 3rd respondent on 03.12.2019 seeking for appointment on compassionate ground on the basis of her application made as early as on 19.12.2011. Responding to the same, the 3rd respondent had sent a letter to the petitioner, dated 21.12.2020 seeking certain clarification. On 01.12.2021, the petitioner sent a detailed explanation along with all necessary documents and combined certificate of the concerned Tahsildar as required by the respondent. Even after submission of the same, there is no response from the 3rd respondent. Hence, this writ petition came to be filed.

3. The learned counsel for the 3rd respondent submitted that though the petitioner had submitted the application on 19.12.2011, she did not press upon the same for a prolonged period till 03.12.2019. That apart, the family of the petitioner is no more in penury and hence, the application seeking compassionate appointment cannot be considered on the basis of G.O.Ms.No. 18, Labour and Employment (Q1) Department, dated 23.01.2020.

4. This Court is of the considered view that the application seeking compassionate appointment was made within a period of 3 years from the date 3/6

of death of the employee. The petitioner's mother died on 22.09.2011 and the application seeking compassionate appointment was submitted on 19.12.2011 that is well within 3 months from the date of death of the deceased employee.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. Only because the 3rd respondent failed to consider the petitioner's application seeking compassionate appointment as early as in the year 2011, the petitioner had submitted a reminder representation on 03.12.2019. The respondents have kept the petitioner's application without consideration for a prolonged period of more than 9 years.

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7. In view of the same, this Court directs the 2nd respondent to immediately consider the petitioner's application, dated 19.12.2011 and the representation, dated 01.02.2021 and suitably give appointment order to the petitioner. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of the order.

8. Accordingly, this Writ Petition stands disposed of. No costs. 18.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Deputy Secretary to Government, Labour and Employment Department, Secretariat, Fort st.George, Chennai-600 009.

2.The Commissioner, 5/6

3.The Educational Officer, L.VICTORIA GOWRI, J.

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