A writ petition seeking appointment as a cook at a middle school built on gifted land by the petitioner's mother-in-law was dismissed. The Court held that the gift deed was unconditional, precluding any claim to employment based solely on that donation.
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.16532 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.16532 of 2012
Mrs.Ambiga ... Petitioner
-Vs-
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to appoint the petitioner for the post of Cook at Kandhampitchanoor Middle School, Omalur Panchayat Union, Salem District, on priority basis, pursuant to the application of the petitioner dated 19.06.2012.
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W.P.No.16532 of 2012
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.L.S.M. Hason Fizal Additional Government Pleader
ORDER
This Writ Petition has been filed for direction seeking appointment to the post of Cook at Kandhampitchanoor Middle School, Omalur Panchayat Union, Salem District.
learned counsel Additional Government Pleader appearing for the respondents and perused the materials available on record.
District Chief Educational Officer for the purpose of construction of Middle School in the said Village. Therefore, the petitioner submitted representation seeking employment in the Middle School to the post of Cook. The Settlement Deed was not a conditional one. That apart, the mother-in-law of the petitioner wantonly kept the said land and not on any profit or consideration. The petitioner, being daughter-in-law of the
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W.P.No.16532 of 2012
person, who gifted the land, cannot seek employment on the ground that her mother-in-law gifted the said land to the School. Therefore, the direction sought for in this writ petition cannot be considered and it is liable to be dismissed.
no order as to costs.
23.08.2023
Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp/nsl
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W.P.No.16532 of 2012
G.K.ILANTHIRAIYAN, J.
Lpp/nsl
To
W.P.No.16532 of 2012
23.08.2023
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3 issues framed by the court
Whether a cook can claim appointment to a school post based on a gift deed executed by her mother-in-law in behalf of the institution.
Whether the petitioner's claim for employment is tenable despite the settlement deed not being conditional.
Whether this Writ Petition seeking mandamus for appointment on priority basis be allowed or dismissed.
Mrs. Ambiga
District Collector, Salem District, Salem
Project Officer, Integrated Child Development Scheme, Salem District, Salem
Block Development Scheme, Omalur, Salem District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
