Muthu Lakshmi.R v. The General Manager
W.P(MD)No.21999 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21999 of 2021 R.Muthu Lakshmi ... Petitioner versus The General Manager, Tamil Nadu State Transport Corporation, Madurai Region, Byepass Road, Madurai.
... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of writ of mandamus, to direct the respondent to provide compassionate appointment to the petitioner's daughter, namely, Anitha, based on the petitioner's representation dated 16.11.2021.
For Petitioner : Mr.T.Selvan For Respondent : Mr.K.Sathya Singh Standing Counsel
ORDER
This writ petition is filed for a mandamus, directing the respondents to provide compassionate appointment to the petitioner's daughter, namely, Anitha, based on the representation dated 16.11.2021.
2. The petitioner's husband S.Rathinavel Pandian, while he was working as Conductor in the respondent Corporation, died on 18.06.2005 due to his illness. Though the petitioner made an application for compassionate appointment along with relevant documents in the year 2005, the said application was considered by the respondent only recently and the petitioner was also called for certificate verification. Since the petitioner has attained 55 years and she is also suffering with old-age ailments, she sent a representation dated 10.02.2021 to the respondent requesting them to provide compassionate appointment to her only daughter, namely, Anitha, who is aged about 31 years and also qualified with B.E.degree. However, the respondent, instead of considering the case of the petitioner's daughter, is inclined to grant compassionate appointment to the petitioner. Therefore, the petitioner is before this Court.
3. Mr.K.Sathya Singh, learned Standing Counsel, who takes notice for the respondent, submits that now, the certificate verification is over and the petitioner may get the post of helper very soon.
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W.P(MD)No.21999 of 2021
4. The petitioner's husband died on 18.06.2005 during his service. The petitioner, immediately after the death of her husband, submitted an application for compassionate appointment in the year 2005 itself. Due to the non-availability of vacancy, the petitioner's application was not taken into consideration and her application was taken into consideration only in the year 2021 and the certificate verification was also completed. Now, the respondent intended to accommodate the petitioner as Helper. But, the facts remains that the petitioner has now attained 55 years and she is also suffering with old-age ailments and survived by her only daughter, Anitha, who is aged about 31 years and also qualified with B.E. Degree.
Therefore, providing compassionate appointment to the petitioner at the age of 55 years, that too after 15 years of submitting the application for compassionate appointment, would not serve any purpose. Instead, the respondent shall consider the request of the petitioner by providing a suitable job to the petitioner's daughter, who is aged about 31 years and qualified with B.E. degree, so that, her service can be effectively utilized by the Corporation rather than providing job to the petitioner.
5. Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy To The General Manager, Tamil Nadu State Transport Corporation, Madurai Region, Byepass Road, Madurai.
+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-38429[F] dated 13/12/2021 ) +1 CC to M/s.T.SELVAN, Advocate ( SR-38711[F] dated 14/12/2021 ) W.P(MD)No.21999 of 2021 10.12.2021 KS(CO) KB(19.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2