Madras High CourtWP(MD)/7412/2013disposed of

Padmapriya, v. The District Collector

2019-06-06Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.7412 of 2013 Padmapriya ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Block Development Officer (VP) Tirupathur Panchayat Union, Tirupathur, Sivagangai District.

3.The President, Pramanampatti Village Panchayat, Tirupathur Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in Na.Ka.P3,3365/2012 dated 12.03.2013 passed by the 2nd respondent quash the same and consequently, direct the respondent to appoint the petitioner in a suitable post according to my educational qualification as per the vacancy available in the District based on the Petitioner's representation dated 15.02.2013. For Petitioner : Mr.C.Arun Alias Arunachalam For Respondents : Mr.M.Jeyakumar Additional Government Pleader

ORDER

The impugned order dated 12.03.2013 rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.

2.The order of rejection states that the legal heir of the deceased employee is not eligible to secure the appointment on compassionate ground. In view of the fact that there is no Government Order in this regard.

3.The deceased employee was holding the post of Village Assistant on part time basis and he was not a permanent Government servant. Thus, the scheme of compassionate appointment is not applicable to such part time employee and therefore, there is no interference in respect of the order passed by the second respondent. This being the factum, this Court is of the opinion that the scheme of compassionate appointment cannot be extended in respect of the legal heir of the part time employee. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Sivagangai District.

2.The Block Development Officer (VP) Tirupathur Panchayat Union, Tirupathur, Sivagangai District.

3.The President, Pramanampatti Village Panchayat, Tirupathur Taluk, Sivagangai District.

+1 CC to M/s.ARUN @ ARUNACHALAM, Advocate ( SR-67658[F] dated 10/06/2019 ) +1 CC to M/s.SPL GP ( SR-67429[F] dated 07/06/2019 ) W.P.(MD)No.7412 of 2013 06.06.2019 ns KK/SAR/17.06.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/