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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
The District Collector, Villupuram – Appellant
Versus
D. Anusuya – Respondent
W.A. No. 962 of 2015, M.P. No. 1 of 2015
Decided On : 24-07-2024
Writ Appeal - Compassionate Appointment - The court addressed the issue of a compassionate appointment that had been previously cancelled but later reinstated. The court found that since the respondent was currently employed as a Cook, there were no grievances remaining, leading to the dismissal of the writ appeal.
Fact of the Case:
The contesting respondent was initially appointed on compassionate grounds, but this appointment was cancelled. However, she was later reappointed to the position of Cook and continued in that role.
Finding of the Court:
The court found that since the respondent was currently employed and had no grievances regarding her appointment, the matter was resolved.
Issues: Whether the cancellation of the initial compassionate appointment and subsequent reappointment created any grounds for grievance.
Ratio Decidendi: The court determined that the reinstatement of the respondent to the position of Cook eliminated any issues related to her previous appointment.
Result: The Writ Appeal was dismissed as there were no existing grievances from the respondent.
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order and judgment of the learned Judge made in W.P. No. 31404 of 2013 dated 03.12.2013 and consequently, dismiss the writ petition.
1. The learned counsel for the 2nd appellant Mr. V. Jayaprakash Narayanan would submit that the contesting respondent has already been provided an appointment on compassionate ground. Though the said order was cancelled, subsequently, she was reappointed for the post of Cook. The respondent is now continuing in the post of Cook. That being so, no grievances exist on the respondent.
2. Accordingly, the Writ Appeal stands disposed of. No costs. Consequently, connected MP is also closed.
The resolution of grievances in employment matters can lead to the dismissal of related writ appeals when no further issues remain.
Active participation in legal proceedings is essential, and failure to appear can lead to dismissal of appeals.
Employees are entitled to service benefits pending a Supreme Court decision, ensuring equitable treatment in service matters.
A writ appeal can be dismissed for non-prosecution if the appellants fail to appear and show interest in pursuing the case.
A recorded compromise between disputing parties can effectively resolve the matter, eliminating the need for further judicial intervention.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A compromise agreement between parties can conclusively resolve a dispute, negating the necessity for further court intervention.
The amendment to the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 can nullify existing disputes, leading to the dismissal of related legal proceedings.
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