S.Veeramani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD)No.24262 of 2023 S.Veeramani

...Petitioner

Vs 1.The District Collector, Panagal building, Thanjavur District.

2.The Block Development Officer, Thiruvaiyaru.

3.The Commissioner, Union Office, Thiruvaiyaru.

4.The Tahsildar, Thiruvaiyaru.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarifed Mandamus, to call for the records relating to the impugned order passed by the first respondent by his proceedings in Na.Ka.No.8014/2019/Na1 dated 14.10.2019, and quash the same and consequently directing the 1/5

respondents to appoint the petitioner in any one of the posts as suitable for the qualification of the petitioner within a stipulated time fixed by this Court.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.M.Ramesh Government Advocate

O R D E R

Heard Mr.K.Mahendran, learned counsel for the petitioner and Mr.M.Ramesh, learned Government Advocate for the respondents.

2. This Writ Petition has been filed seeking to quash the order of the first respondent dated 14.10.2019 and with a consequential direction to the respondents to appoint the petitioner in any one of the posts as suitable for the qualification of the petitioner.

3. Mr.K.Mahendran, learned counsel for the petitioner submitted that the petitioner's father ,who was working as Night Watcher at Union Office, Thiruvaiyaru, died on 29.09.2008, while he was in service. In 2/5

this regard, the petitioner submitted an application, within three years from the date of death of his father, before the second respondent seeking compassionate appointment. The application of the petitioner was rejected on the ground that if anyone of the family member of the deceased working in the Government sector or private sector, then the appointment under compassionate ground cannot be provided. In fact, the petitioner's mother was working as a Noon Meal Helper even before his father was died. The petitioner is also said to have got employment in the year 2014 as 'Maalaikatti' in the Temple under the control of Hindu Religious and Charitable Endowment Department.

4. Mr.M.Ramesh, learned Government Advocate for the respondents submitted that the services of the petitioner or his mother are not regularized and they are still working on temporary basis. But that cannot be the reason for considering their application favourably for providing employment under compassionate ground.

5. Since the petitioner have got some other avocation either temporary or permanent but for making out their livelihood, the first 3/5

respondent has rightly appreciated the matter and rejected the application. Hence, I find no grounds for interference.

6. In view of the above stated reasons, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

12.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The District Collector, Panagal building, Thanjavur District.

2.The Block Development Officer, Thiruvaiyaru.

3.The Commissioner, Union Office, Thiruvaiyaru.

4.The Tahsildar, Thiruvaiyaru.

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R.N.MANJULA, J.

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