Allowed

Nallaiya Raj v. the General Manager

Madras HC13 Oct 2023WP(MD)/9765/2021

Case brief

AI extract

What is this about?

The Madurai Bench held that upon a settlement reached during the pendency of the writ petition, the order requiring a No Objection Certificate from the deceased employee's second wife's son is set aside. The petitioner is directed to proceed with compassionate appointment without such consent.

What did the court decide?

The impugned order directing the petitioner to obtain a NOC from the third respondent is set aside; the petitioner is directed to proceed with compassionate appointment without such NOC; petition allo

Nallaiya Raj Vs the General Manager — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD).No.9765 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.9765 of 2021 and

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W.M.P(MD) No.7498 of 2021

Nallaiya Raj

...Petitioner

Vs.

The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region,

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Byepass Road,

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Dindigul – 624 003

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The Managing Director, Tamil Nadu State Transport Corporation Madurai Limited, Head Office,

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Bye Pass Road, Madurai – 625 010.

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Minor G.Nandagopal S/o. Late R.Ganesan

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Represented through his mother and next friend G.Murugeswari.

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...Respondents

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(R3 is impleaded vide order of this Court dated 30.09.2021 in W.M.P(MD) No.14754 of 2021 in W.P(MD) No.9765 of 2021)

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https://www.mhc.tn.gov.in/judis

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PRAYER:

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W.P.(MD).No.9765 of 2021

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records and quashing the letter No.A.Aa2:1767, dated 27.01.2014 passed by the first respondent as illegal and further direct the first respondent to provide compassionate appointment to the petitioner.

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For Petitioner : Mr.K.K.Udhayakumar For Respondents : Mr.G.Natarajan – for R3

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O R D E R

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The present Writ Petition has been filed challenging the order dated 27.01.2014 passed by the first respondent herein, directing the writ petitioner to obtain “No Objection Certificate” from the third respondent who is the second wife's son of the deceased.

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Pending writ petition, the matter was referred to Mediation and Conciliation Centre and the parties have settled their dispute to the effect that the third respondent has no objection for granting compassionate appointment to the writ petitioner herein. The Mediation Report dated 22.09.2023, shall form part of the order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9765 of 2021

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In view of the compromise reached between the parties, the order of

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the first respondent is hereby set aside and the first respondent is directed to proceed with the appointment of the writ petitioner on compassionate grounds without insisting for “No Objection Certificate” from the third respondent.

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Accordingly, this Writ Petition stands allowed. There shall be no

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order as to costs. Consequently connected Miscellaneous Petition is closed.

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13.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Byepass Road, Dindigul – 624 003

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The Managing Director, Tamil Nadu State Transport Corporation Madurai Limited, Head Office, Bye Pass Road, Madurai – 625 010.

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P.(MD).No.9765 of 2021

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R.VIJAYAKUMAR,J.

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ebsi

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W.P(MD)No.9765 of 2021

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13.10.2023

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https://www.mhc.tn.gov.in/judis

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Nallaiya Raj v. the General Manager

Case brief

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Nallaiya Raj v. the General Manager

Case brief

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