The State Of Tamil Nadu v. A. Kavitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.A.(MD)No.1471 of 2017 against W.P(MD).NO.19927 of 2015 and C.M.P.(MD)No.11610 of 2017 against W.P(MD).NO.19927 of 2015

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Secretariat, Fort St.George, Chennai - 9.

2.The District Collector, Office of the District Collector, Thanjavur District.

3.The Tahsildar, Office of the Tahsildar, Orathanadu Taluk, Thanjavur District. ... Appellants/Respondents Vs.

A.Kavitha ... Respondent / Petitioner Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) No.19927 of 2015 dated 03.11.2015.

Prayer in WP(MD).NO.19927 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue the Writ of Certiorarified Mandamus calling for the records connected with Pa.Mu.No.1530/2013 dated 17.01.2013 signed on 19.01.2013 on the file of the Respondent No.2 and quash the same as illegal consequently to directing the Respondents to give appointment to the petitioner on the compassionate ground for the death of her father in service in accordance with law, within the time stipulated by this Honourable Court.

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For Appellants : Mr.VR.Shanmuganathan Special Government Pleader For Respondent : Mr.G.Thirvarut Selvan

J U D G M E N T

(Judgment of the Court was delivered by M.SATHYANARAYANAN, J.) The mater in issue pertains to the appointment on compassionate ground. The father of the respondent/writ petitioner was employed as a Village Menial, died in harness on 06.09.2012. The respondent who is his daughter submitted an application seeking appointment on compassionate ground and vide impugned office endorsement, her request was rejected. The petitioner made a challenge to the impugned proceedings of the appellant/second respondent by filing W.P.(MD).No.19927 of 2015. The learned Single Judge having found that the marital status of the respondent/writ petitioner cannot be cited as a bar for seeking appointment on compassionate ground allowed the writ petition and aggrieved by the said order dated 03.11.2015, the present Writ Appeal has been filed.

2. Heard the submissions of Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.G.Thiruvarur Selvan, learned counsel for the respondet/writ petitioner.

3. The learned counsel for the respondent/writ petitioner on instructions would submit that in compliance of the impugned order dated 03.11.2015 passed in W.P.(MD).No.19927 of 2015, the respondent has been provided with appointment on compassionate ground in the year 2019 and therefore, nothing remains for further adjudication in this Writ Appeal.

4. This Court is of the considered view that even otherwise in the light of the various pronouncements, the marriage status of the applicant cannot be cited as a bar to consider the application for appointment on compassionate ground and therefore, finds no merits in this Writ Appeal.

5. In the result, Writ Appeal is dismissed, confirming the order dated 03.11.2015 made in W.P.(MD).No.19927 of 2015. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

pkn/sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Secretary to Government, Revenue Department, Secretariat, Fort St.George, Chennai - 9.

2.The District Collector, Office of the District Collector, Thanjavur District.

3.The Tahsildar, Office of the Tahsildar, Orathanadu Taluk, Thanjavur District.

and C.M.P.(MD)No.11610 of 2017 14.07.2020 NR(21/07/2020) 3P 4C 3/3