FOR COMPASSIONATE APPOINTMENT, MARRIAGE OF HEIRS NO BAR

IN THE HIGH
COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2011
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.NO.48363 OF 2006
(O.A.NO.2591 OF 2001)


G.Gnanavalli ... Petitioner

Versus

1.State of Tamil Nadu
Rep.by Director of Municipal Administration
Chepauk, Chennai 600 005.

2.Commissioner
Karur Municipality
Karur. ... Respondents

PRAYER: Original Application No.2591 of 2001 filed before the Tamil Nadu
Administrative Tribunal, on abolition, transferred to the file of this
Court and renumbered as Writ Petition No.48363 of 2006, seeking for a
writ of Mandamus, directing the respondents to appoint the petitioner in
any suitable post commensurating with the petitioner's qualification (V
Std) on compassionate ground with all consequential benefits.

For Petitioner : Mr.Gowarthan
for Mr.M.Gnanasekar

For Respondent-1 : Mr.R.Ravichandran
Additional Government Pleader

For Respondent-2 : Mr.P.I.Thirumoorthy

O R D E R

The petitioner's mother was employed as Sanitary Worker in the second
respondent Municipality. She died on 17.11.1997 while in service,
leaving behind the petitioner and her sister as her legal heirs. The
petitioner got married before the death of her mother. However, her
marital life did not go well and the same ended in divorce on 06.07.1998
in H.M.O.P.No.38/1998 by the Sub Judge, Karur. Hence, she sought
compassionate appointment on the ground that she is a deserted woman.
But no order was passed by the second respondent Municipality either
accepting or rejecting her request for compassionate appointment.
However, the second respondent wrote a letter to the Commissioner of
Municipal Administration seeking clarification as to whether the
petitioner, who obtained divorce after the death of her mother, could be
given compassionate appointment. It is now stated that no order is
passed so far.

2.When the matter is taken up for hearing today, the learned counsel
for the petitioner submits that the matter is squarely covered by the
following decisions of this Court.

a) U.Arulmozhi Vs. The Director of School Education and others
reported in 2006 (2) LW 324
b) G.Girija Vs. The Assistant Director (Panchayats)
reported in 2008 (5) CTC 686
c) Mohanambal Vs. The Director, Land and Survey Department
reported in 2011 (1) CTC 349

3.The learned Government Advocate submits based on instructions that
since the petitioner obtained divorce after the death of her mother,
should could not be considered for compassionate appointment. The second
respondent sought clarification from the Commissioner of Municipal
Administration and so far, there is no reply from the Commissioner of
Municipal Administration.

4.Heard the submissions made on either side and perused the materials
available on record.

5.In the judgments relied on by the learned counsel for the
petitioner, the daughters of the Government servants, who died in
harness, were declined compassionate appointment on the ground that they
were married. While the marriage is not a disqualification for the son
of a Government servant, the same could not be cited as a
disqualification for the daughter of a Government servant. This Court
in the aforesaid judgments held that marriage could not be cited as a
disqualification for considering the case of the daughters for
compassionate appointment.

6.Applying the principle laid down in the aforesaid judgments, a
direction is issued to the respondents to consider the case of the
petitioner in the light of the aforesaid judgments, within a period of
six weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of with the above direction. No costs.


18.07.2011
Index : Yes
Internet : Yes
TK

To
1.The Director of Municipal Administration
Government of Tamil Nadu
Chepauk, Chennai 600 005.

2.The Commissioner
Karur Municipality, Karur.
D.HARIPARANTHAMAN, J.

TK
















W.P.NO.48363 OF 2006
(O.A.NO.2591 OF 2001)
















18.07.2011