Allowed

Jothi v. The District Collector

Madras HC21 Jun 2024WP(MD)/9858/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition seeking compassionate appointment for the petitioner's daughter. The court set aside the departmental order rejecting the claim, noting the son's employment did not equate to financial support.

What did the court decide?

Impugned order dated 09.12.2021 set aside; respondents directed to reconsider claim for compassionate appointment within four weeks.

Jothi Vs The District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.9858 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.06.2024

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD).No.9858 of 2023 and W.M.P.(MD).No.8687 of 2023

Jothi

...Petitioner

1.The District Collector, Thanjavur District, Thanjavur.

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2.The Tahsildar, Thiruvaiyaru, Thanjavur District. ... Respondents

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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 entire records pertaining to the impugned order passed by the first respondent vide his proceedings in e.f.m1/27433/2021 dated 09.12.2021 and quash the same and consequently direct the respondents to provide an appointment on compassionate ground to the petitioner's daughter by name Deepika.

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

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W.P.(MD).No.9858 of 2023

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For Petitioner : No Appearance

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For Respondents : Mr.M.Ramesh Government Advocate

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O R D E R

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This Writ Petition has been filed seeking to quash the order of the first respondent dated 09.12.2021 and consequently direct the respondents to provide an appointment on compassionate ground to the petitioner's daughter by name Deepika.

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The petitioner's husband namely, Selvaraj, died in harness on

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06.10.2020. While the petitioner's husband alive, her son namely, Venkadesan had secured employment in the Government service and got married and living separately with his wife, without providing any financial assistant to the family. After the demise of the petitioner's husband, the petitioner submitted an application to the respondents on 23.08.2021, requesting them to provide appointment under compassionate scheme to her daughter, namely Deepika and it has been

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

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W.P.(MD).No.9858 of 2023

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rejected by the first respondent vide order dated 09.12.2021 stating that one of the son of the petitioner has been already working in the Government Department and hence the petitioner cannot seek compassionate appointment for her daughter.

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However, the order has been passed without considering the

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integrated certificate which simply states that the petitioner's son is working in a Government Department, but it does not state whether the son of the petitioner is supportive to the petitioner's family and whether the petitioner's family is comfortable. The petitioner's son has already got married and hence he would be having his own family.

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Since the integrated certificate has not been properly considered

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by the respondent Department before passing the order of rejection, the same is liable to be set aside.

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In view of the above stated reasons, this Writ Petition is allowed and the impugned order dated 09.12.2021 is set aside. The respondents are directed to reconsider the petitioner's claim for providing

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

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W.P.(MD).No.9858 of 2023

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appointment on compassionate ground to the petitioner's daughter by name Deepika, and pass orders, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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21.06.2024

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NCC:yes/no Index:yes/no Internet:yes/no Nsr

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To:

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1.The District Collector, Thanjavur District, Thanjavur.

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2.The Tahsildar, Thiruvaiyaru, Thanjavur District.

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

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W.P.(MD).No.9858 of 2023

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R.N.MANJULA, J.

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Nsr

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W.P.(MD).No.9858 of 2023

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21.06.2024

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

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Jothi v. The District Collector

Case brief

What is this about?

What did the court decide?

Jothi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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