The Court dismissed a writ petition filed by a Forest Watcher appointed under compassionate grounds. The petitioner sought seniority from the date of his father's death citing G.O.Ms.No.185 dated 04.10.2006. The Court held the Order only regulates seniority for applying orders, not the appointment seniority of the individual.
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.
W.P.No.20799 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.20799 of 2018
P.Vikraman, S/o. Balakrishnan
..Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for Writ of Mandamus, directing the respondents 2 and 3 either jointly or severally to fix the seniority of the petitioner from date of death of his father in the light of G.O.Ms.No.185 Labour and Employment (02) Department dated 04.10.2006 with all consequential monetary and service benefits attached to the petitioner service.
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For Petitioner : Mr.P.Ganapathy For Respondents : Mr.U.M.Ravichandran Special Government Pleader
ORDER
The prayer sought for herein is for a writ of mandamus, to direct the respondents 2 and 3 to fix the seniority of the petitioner from date of death of his father in the light of G.O.Ms.No.185, Labour and Employment (02) Department, dated 04.10.2006 with all consequential monetary and service benefits attached to the petitioner.
service as Forest Watcher under the respondent Department from 04.07.1987. While so, he died in harness on 13.12.2000. Thereafter, the petitioner made representation on 07.03.2001 for providing compassionate appointment to the petitioner. Thereafter, eventually, after 9 years, the petitioner was given compassionate appointment as Forest Watcher vide appointment order dated 13.10.2009 issued by the third respondent.
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W.P.No.20799 of 2018
“For the appointment under compassionate grounds,
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the question of fixing of seniority for adopting either the date of death of the Government servant (or) the date of application produced by the legal heirs of the deceased Government servant has to be decided.
2. The Government after careful examination of the matter have decided that the date of death of the deceased Government servant be taken for fixing seniority for appointment under compassionate grounds and accordingly direct that the date of death of Government servant should be taken for fixing seniority for making appointments under compassionate grounds.
3. This order will take effect from the date of issue of the order.”
order, the Government had decided that the date of death of the deceased Government servant be taken for fixing seniority for appointment under compassionate ground, which means that the date of death of the deceased Government servant shall be taken as the date for fixing the seniority of the legal heir in the said post, where he has been appointed on compassionate ground.
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learned counsel appearing for the petitioner and I have heard Mr.U.M.Ravichandran, learned Special Government Pleader, appearing for the respondents, who has also rightly clarified that the date of seniority i.e., the date of death or the date of application made by the job seeker on compassionate ground shall be reckoned for the purpose of keeping the applications pending for consideration for making compassionate appointment and therefore, the date of the death was directed to be taken as per the G.O.Ms.No.185, Labour and Employment (02) Department, dated 04.10.2006 for arranging the applications with seniority to consider the plea of the job seeker to give compassionate appointment on compassionate ground. Therefore, the import of the G.O.Ms.No.185, Labour and Employment (02) Department, dated 04.10.2006, has been wrongly understood by the petitioner that is the reason why, this writ petition has been filed, he contended.
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clear that the Government had decided that the date of death of the deceased Government servant be taken for fixing seniority for appointment on compassionate ground means, suppose if ten applications are filed in the particular unit of office of the Government or Department of the Government, among the ten applications, which application shall be taken first based on the seniority has to be decided, for which, the date of death of the deceased Government servant instead of the date of application made by the job seeker can be taken as a date for fixing the seniority for taking the application and not for any other purpose. Hence, the plea raised by the petitioner and the prayer sought herein is totally untenable and unjustifiable.
Hence, the writ petition fails and accordingly it is dismissed. No
costs.
18.08.2022
Index : Yes/No Internet:Yes/No mp
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W.P.No.20799 of 2018
To
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W.P.No.20799 of 2018
R.SURESH KUMAR.J, mp
W.P.No.20799 of 2018
18.08.2022
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2 issues framed by the court
Whether a legal heir appointed on compassionate grounds shall have seniority reckoned from the date of the deceased officer's death or the date of the application for appointment under G.O.Ms.No.185 d
Whether the Government Order dated 04.10.2006 mandates fixing seniority for compassionate appointments from the date of death of the deceased government servant.
2 provisions across 2 enactments
P. Vikraman
The Principal Chief Conservator of Forest
The Conservator of Forests
The District Forest Officer
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
