This Writ Appeal against a Single Judge order directing appointment on compassionate grounds was dismissed. The Court held that rejecting the request only because the relative was already employed was legally incorrect given the father's death in harness.
Writ Appeal dismissed; no costs; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.10.2018
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A.(MD).No.701 of 2018 and
C.M.P.(MD).Nos.4024 and 9319 of 2018
Madurai District, Madurai.
Madurai Collectorate Campus, Madurai, Madurai District.
... Appellants/Respondents
Vs.
V.Selvam ... Respondent/Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letter Patent, against the order passed by this Court in W.P.(MD).No.12065 of 2017 dated 12.01.2018.
Prayer in WP(MD)No.12065 of 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in his memorandum in Na.Ka.No.25/2017 dated 25.05.2017 and subsequent impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.27012/2017/Ng2 dated 08.06.2017 and quash the same as illegal and consequently to direct the 1st respondent to consider the petitioner for appointment on compassionate ground in commensurate with petitioner's educational qualification either as Sweeper or as Watchman in the light of note 6 of the Government Letter (Ms).No.55 Labour & Employment (Q.1) Department, dated 24.05.2016.
For Appellants : Mr.A.K.Baskarapandian Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondent : Mr.K.Ponnaiah for M/s.Ajmal Associates
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JUDGMENT
[Judgment of the Court was made by M.M.SUNDRESH,J.]
This appeal is preferred against the order of the learned Single Judge, who was pleased to set aside the impugned order by directing the appellants to give appointment to the respondent/writ petitioner on compassionate ground as a Sweeper.
3.In view of the above, we do not find any error in the order of the learned Single Judge. Hence, this Writ Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CS-I)
/True Copy/
Sub Assistant Registrar (CS-II)
To
NS
TE/RSK/SAR-2 : 27/11/2018 : 2P/6C
W.A.(MD).No.701 of 2018 and
C.M.P.(MD).Nos.4024 and 9319 of 2018
26.10.2018
1 issue framed by the court
Whether the rejection of appointment on compassionate grounds solely because the brother was already employed is a valid ground.
The District Collector
The Regional Assistant Director of Town Panchayats
The Executive Officer, Town Panchayat Office, Elumalai
V. Selvam
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
