Madras High CourtWP(MD)/29027/2024allowed

R. Shrivarshini v. The Tahsildar

2024-12-04Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29027 of 2024 R.Shrivarshini ... Petitioner Vs.

The Tahsildar, Oddanchathiram Dindigul District -624 619.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Pa.Mu.No.4447/2024/A2, dated 21.11.2024 on the file of the respondent and quash the same as illegal and consequently for a direction, directing the respondent to issue Integrated Certificate in Form-II in accordance with Rule 8(2) (c) of the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023 within the time period stipulated by this Court.

For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates For Respondent : Mr.D.Sasikumar Additional Government Pleader 1/4

O R D E R

The instant Writ Petition has been filed challenging the integrated certificate issued by the respondent on 21.11.2024 for the purpose of obtaining compassionate appointment.

2. According to the learned counsel appearing for the writ petitioner, the said Certificate has been issued based upon G.O.(Ms) No.18, Labour and Employment Department, dated 23.01.2020. However, by way of G.O.(Ms) No.33, Labour Welfare and Skill Development (Q1) Department, dated 08.03.2023 Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules 2023 have been notified. As per the said Rules, an Integrated Certificate for compassionate ground appointment has to be issued under Form-II. Instead of issuing the Integrated Certificate under the new Rules, following the old Government Order, dated 23.01.2020, the impugned Integrated Certificate has been issued.

3. Considering the above said facts, the impugned Integrated Certificate is quashed and the matter is remitted back to the file of the respondent herein 2/4

for issuing a fresh Integrated Certificate for compassionate appointment as per Form-II under the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

04.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To The Tahsildar, Oddanchathiram Dindigul District -624 619.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.29027 of 2024 04.12.2024 4/4