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2021 Supreme(Mad) 1239
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
C. Kamalakshi - Petitioner
Versus
The Managing Director, Tamil Nadu Water Supply and Drainage Board, Chennai & Ors. - Respondents
W.P. No. 29802 of 2012 and M.P. No. 1 of 2014
Decided On : 08-03-2021
For the Petitioner: Mr. Kalyanasundaram, Senior Counsel For M/s. R. Vasudevan.
For the Respondents: Mr. S. Eraskine Leo, Standing Counsel for TWAD Board.
Headnote:
Employment and Service matter - Post of Office Assistant - Compassionate grounds - Qualification - Seeking direction to 1st respondent to appoint the son of petitioner in above post or in some other suitable post by duly considering his qualification and other eligibility conditions in accordance with law on compassionate grounds - Petitioner's husband one Kuttappan was employed as Fitter at Pollachi Division of respondent TWAD Board and during his service, he suddenly died leaving behind petitioner i.e., wife and four children (three daughters and one son) - Held, Respondents, as reflected in communication respondent TWAD Board cannot go back once again and makes an appointment only in favour of petitioner knowing well that the petitioner has already reached superannuation age i.e., about 59 years and six months - As a sequel, there shall be a direction to respondents to consider request of petitioner made in this regard and on considering same, respondents shall make an endeavour to give compassionate appointment to petitioner son petitioner, pursuant to communication, where the petitioner son had been called for certificate verification, which was also taken place subsequently, where the respondents have verified all the certificates produced by petitioner son and accordingly, pass necessary orders giving appointment on compassionate ground to any suitable post in commensurate with his educational qualification, so that family of deceased employee of respondent Board, who is none other than husband of petitioner and father of said petitioner son can be recovered or rescued from indigent circumstances - Writ Petition is ordered
ORDER :
The prayer sought for herein is for a writ of certiorarified mandamus calling for the records pertaining to the order dated 15.10.2012 in Proceedings No.51261/PNP/A3/2009-4 passed by the first respondent and proceedings No.13964/A1/CE/Madurai/2012 dated 16.10.2012 passed by the second respondent, appointing the petitioner to the post of Office Assistant on compassionate grounds and quashing the same as illegal, unwarranted and not sustainable in law and facts and contrary to the provisions of Constitution of India and further directing the 1st respondent to appoint the son of the petitioner Mr. K. Dinesh in the above post or in some other suitable post by duly considering his qualification and other eligibility conditions in accordance with law on compassionate grounds.
2. The short facts which are required to be noticed for disposal of this writ petition are as follows:
(i) The petitioner's husband one Kuttappan was employed as Fitter at Pollachi Division of the respondent TWAD Board and during his service, he suddenly died on 27.05.1995 leaving behind the petitioner i.e., the wife and four children (three daughters and one son).
(ii) Since the deceased employee was the head of the family and was the only breadwinner of the family, because of his sudden death, the whole family was put in lurch, in order to get compassionate appointment, the petitioner i.e., the widow of the employee made an application to the respondents on 07.03.1996.
(iii) The said application had been processed and there had been correspondences to that effect between the respondents and the petitioner. However, no order of appointment on compassionate ground had been made to the petitioner even for some years.
(iv) In the meanwhile, the petitioner's son has attained the majority and he had been qualified with SSLC and therefore, in this context, it seems that, the very respondent Board had sent a communication on 03.08.2004 to the petitioner stating that, since the petitioner already reached 52 years, instead of the petitioner, an application seeking compassionate appointment to her son can be made with educational qualification as well as No Objection Certificate from all legal heirs and once such application is filed by the son of the petitioner with relevant documents as required, that would be considered by the respondents TWAD Board and appointment would be made on compassionate ground to the petitioner son.
(v) Pursuant to the said communication, on 03.09.2004, the petitioner's son has given a request to the respondent Board seeking compassionate appointment. Having receipt of the said application and on processing of the same, the respondent TWAD Board, by communication dated 06.04.2010 addressed to the son of the petitioner viz., K. Dinesh to attend a certificate verification session with necessary certificates, as has been enumerated in the said communication dated 06.04.2010.
(vi) Accordingly, on 19.04.2010, as instructed, the petitioner son did attend the certificate verification session, where also, having verified the certificates produced by the petitioner's son with regard to his age, Educational qualification, legal heir Certificate, No Objection Certificate obtained from the other legal heirs of the deceased employee, the respondent Board seems to have conveyed to the petitioner son that appointment order would be made.
(vii) However, to the utter shock and surprise of the petitioner as well as her son, the respondent TWAD Board, by communication dated 15.10.2012, has issued appointment orders to a set of people numbering about 21, where, the name of the petitioner has been found at Serial No.4, as if that the petitioner was appointed as Office Assistant under the control of the Chief Engineer at Madurai.
(viii) Following which, consequential order has been passed by the Chief Engineer, Madurai of TWAD Board on 16.10.2012 giving posting orders to the petitioner as Office Assistant at Tirunelveli, Kanniyakumari Circle.
(ix) On seeing the said
