Writ petition filed seeking compassionate appointment post for petitioner whose husband died in service. Court observed lack of timely written representation but directed concerns authorities to pass appropriate orders.
Petitioner directed to approach respondents with fresh representation and past requests for consideration within 8 weeks.
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.(MD) No.11480 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2022 CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD) No.11480 of 2022
J.Kavitha
... Petitioner
Vs. 1.The Joint Registrar, Co-operative Societies, N.V.Natarajan Maligai, No.170, Periyar E.V.R.High Road, Kilpauk, Chennai. 2.The Joint Registrar, Co-operative Societies, Theni District. 3.The Deputy Registrar, Co-operative Societies, Theni District.
4.The President, D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society, Periyakulam Taluk, Theni District. 5.The Secretary, D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society, Periyakulam Taluk, Theni District. ... Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents No.2 to 5 provide the petitioner any suitable post on compassionate ground on account of death of her husband S.Jeyaprakash by considering her representation dated 27.02.2020 and for other reliefs.
For Petitioner : Mr.J.Lawrance For Respondents : Mr.P.Thilakkumar Additional Government Pleader
O R D E R
This writ petition has been filed for issuance of a Mandamus seeking for a direction to the respondents No.2 to 5 to provide the petitioner any suitable post on compassionate ground on account of https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD) No.11480 of 2022
death of her husband S.Jeyaprakash by considering her representation dated 27.02.2020.
2.The learned counsel for the petitioner submitted that the petitioner's husband S.Jeyaprakash, was employed as an 'Attender' with the fifth respondents and died while in service on 25.06.2007. Therefore, the petitioner approached the respondents 4 and 5 in person for giving compassionate appointment to her. Since the respondents 4 and 5 have not considered the same, she gave a representation, dated 06.11.2013, to the respondents seeking suitable post to her, on compassionate ground. The Joint Registrar of Co-operative Societies, Chennai, through a letter, dated 02.02.2015, informed that the representation, dated 06.11.2013, seeking compassionate appointment by the petitioner, to be considered by the Joint Registrar of Co-operative Societies, Theni and directed the petitioner to approach the Joint Registrar of Cooperative Societies, Theni. Further, the learned counsel for the petitioner submitted that since the petitioner's representation was not considered, she again sent a representation, dated 11.02.2015 and again on 27.03.2015, 07.12.2015 and last such representation is dated 27.02.2020. So far no steps have been taken on the representation.
3.Mr.P.Thilak Kumar, learned Additional Government Pleader, who took notice on behalf of the respondents, submitted that the petitioner has not submitted her representation for compassionate ground, in writing, within a period of three years from the date of death of her husband. Therefore, she has no right to claim compassionate appointment.
4.Considering the factual position as stated above and the fact that there was no order passed on the representation, dated 06.11.2013 and on the subsequent representations, this Court directs the respondents 2 to 5 to pass appropriate orders, in accordance with law, on the representations of the petitioner, dated 06.11.2013 and 27.02.2020 at the earliest possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.Accordingly, this writ petition is disposed of. No costs. Sd/-
Assistant Registrar (Records)
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
TM
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W.P.(MD) No.11480 of 2022
To
1.The Joint Registrar, Co-operative Societies, N.V.Natarajan Maligai, No.170, Periyar E.V.R.High Road, Kilpauk, Chennai.
2.The Joint Registrar, Co-operative Societies, Theni District.
3.The Deputy Registrar, Co-operative Societies, Theni District.
4.The President, D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society, Periyakulam Taluk, Theni District.
5.The Secretary,
D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society, Periyakulam Taluk, Theni District.
+1 CC to M/s.J.LAWRANCE, Advocate ( SR-25488[F] dated 14/06/2022 ) +1 CC to M/s.SPL.GP. ( SR-25577[F] dated 14/06/2022 )
W.P.(MD) No.11480 of 2022 13.06.2022
NSN(CO) GC(23.06.2022) 3P 8C
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1 issue framed by the court
Whether the petitioner is entitled to compassionate appointment after more than three years from her husband's death without filing a timely written representation?
J.Kavitha
The Joint Registrar, Co-operative Societies, N.V.Natarajan Maligai
The Joint Registrar, Co-operative Societies, Theni District
The Deputy Registrar, Co-operative Societies, Theni District
The President, D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society
The Secretary, D-D.417, Thamaraikulam Primary Agricultural Co-operative Credit Society
G.Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
