J.Jensy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.23427 of 2019 J.Jensy ... Petitioner vs.

1.The Managing Director, The Tamilnadu State Road Transport Corporation, Kumbakonam (Limited), Kumbakonam, Thanjavur District.

2.The General Manager, The Tamilnadu State Road Transport Corporation, Kumbakonam (Limited), Pudukottai Region, Pudukottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider the application of the petitioner on compassionate grounds and consequently, to direct the respondent to appoint the petitioner on compassionate grounds in any 1/6

suitable post within the time stipulated by this Court. For Petitioner : Mr.S.Ram Sundar Vijayraj for M/s.Veera Associates For Respondents : Mr.P.Balasubramanian *****

O R D E R

This writ petition is filed for issuance of a writ of Mandamus, to direct the respondent to consider the application of the petitioner on compassionate grounds and consequently, to direct the respondent to appoint the petitioner on compassionate grounds in any suitable post within the time stipulated by this Court.

2. The petitioner's father was an Ex-serviceman and retired from service on 09.08.1995. Thereafter, the petitioner's father was appointed in the civil service and has completed 18 years of service. The petitioner's father died on 06.04.2016 leaving behind the petitioner's mother. The petitioner has a sister and a brother who are already married. The petitioner has completed Master of Business 2/6

Administration in the year 2014. The petitioner submitted an application seeking compassionate appointment on 16.08.2016. The respondents have considered the same and has kept the petitioner's name in the Serial No.108 and the petitioner's application will be considered as and when the petitioner's seniority arises.

3. The contention of the petitioner is that if there is no vacancy available in the respondents' corporation, the District Collector ought to consider the petitioner's candidature by appointing her in any one of the vacancy in the State Government Department. The petitioner's mother died in the year 2018. Since the petitioner is single and without parents, she claims that she is in harness. Therefore, the petitioner is seeking compassionate appointment.

4. The scheme of compassionate appointment states that the persons seeking compassionate appointment shall be appointed in last grade services alone and other vacancies should be filled up through recruitment board or TNPSC or any other recruitment agency that is applicable to the departments / 3/6

corporations.

5. In the present case, the petitioner has completed Master of Business Administration in the year 2014. Therefore, the petitioner cannot claim any job equivalent to her qualification, but she may be considered to appoint in any last grade service alone. If the petitioner is agreeing to such last grade posts, the respondents shall accommodate the petitioner in any vacancy.

6. Since the petitioner has not impleaded the District Collector as a party, the petitioner shall submit a fresh representation to the District Collector along with seniority granted in the respondent corporation. The District Collector shall consider the case of the petitioner in any vacancy available in the last grade service posts. The District Collector shall consider and accommodate the petitioner in any one of the vacancies as per seniority. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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7. With the above said observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 22.12.2022 Internet : Yes Tmg 5/6

S.SRIMATHY, J Tmg 22.12.2022 6/6