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2024 Supreme(Online)(MAD) 21574
HIGH COURT OF MADRAS
Honourable Mr.Justice MUMMINENI SUDHEER KUMAR
S.Ganesan – Appellant
Versus
Government of Tamil Nadu – Respondent
The timely regularization of compassionate appointments and entitlement to retirement benefits is essential as per administrative law.
Headnote:
Regularization - Employment - - The case revolves around the appointment of a petitioner on compassionate grounds, the necessity for regularization of service, and the rights to pensionary benefits. The court emphasized the timely resolution of employment matters and the entitlements of petitioners under administrative law.
Fact of the Case:
The petitioner was appointed as a Junior Assistant on compassionate grounds in 1987 due to his father's death but had not been regularized. He filed a writ petition in 2021, seeking regularization and retirement benefits.
Finding of the Court:
The court found that despite the passage of time, the authorities had not regularized the petitioner's appointment. After the court's intervention, steps were taken to address the regularization and benefits, which were acknowledged by the petitioner.
Issues: Whether the petitioner’s appointment as Junior Assistant can be regularized and whether he is entitled to retirement benefits.
Ratio Decidendi: The court held that timely action is required for regularizing appointments made on compassionate grounds, and the lack of action by the authorities merits judicial intervention.
Final Decision: The writ petition is closed as the authorities took necessary action regarding regularization and benefits.
ORDER
This matter earlier came up for consideration before this Court on
10.06.2024 and after perusing the record and after hearing the learned Government Advocate, this Court passed the following order:
'' No representation for the petitioner. This Court perused the records. After hearing the learned Government Advocate for quite some time, it is felt that the District Collector, Coimbatore District is proper and necessary party to this writ petition. Hence, District Collector, Coimbatore District is suo motu impleaded as the 5th respondent.
2. Office is directed to carryout the necessary amendments.
3. This is the case where the petitioner was appointed as a Junior Assistant on compassionate ground consequent upon the death of his father as early as on 01.12.1987 vide proceedings in Na.Ka.No.9231/87 and accordingly the petitioner had joined duty on 10.12.1987 and also attained the age of superannuation. However, appointment of the petitioner as Junior Assistant is not regularized as on date. Hence, the petitioner approached this Court by filing the writ petition in the year 2021. The 2nd respondent filed a counter affidavit dated 14.12.2021, explaining the reason for not regularizing the appointment of the petitioner for such long period and also stated that the 3rd respondent would require not less than six months to obtain appropriate orders from the competent authority as regards the issue of regularizing the appointment of the petitioner as Junior Assistant. Even since filing of the counter affidavit more than two years have lapsed as on date, but, no order appears to have been passed regularizing the said appointment of the petitioner. As a consequence, the petitioner is not being given any pensionary or retirement benefits. In the circumstances, the respondents 2 to 5 are directed to look into the matter carefully and pass appropriate orders on regularizing the appointment of the petitioner and extend all the benefits including pensionary or retirement benefits due and payable to the petitioner within a period of six weeks from the date of receipt of a copy of this order and report to this Court by next date of hearing.
4. Post the matter on 15.07.2024 under the caption ''for orders”. Registry is directed to communicate this order to the respondents 2 to 5 forthwith.''
2.Thereafter, the matter came up for consideration again on
19.07.2024. On that day, it was brought to the notice of this Court by the learned Government Advocate that pursuant to the above order dated rd
10.06.2024 passed by this Court, the 3 respondent/District Collector issued proceeding in Na.Ka.No.149/2018 dated 09.07.2024 and also addressed letter R.C.No.149/2018, dated 11.07.2024 to the Assistant Director of Town Panchayat, Vellore Zone, Vellore regularizing the service of the petitioner and to release the terminal benefits of the petitioner. However, considering the request of the learned counsel for the petitioner to get instructions and verify the same, the matter was directed to listed today. Today when the matter is taken up for consideration the learned Counsel for the petitioner again sought some more time. However, this Court is not inclined to grant any further time.
3. As it is brought to the notice of this Court, by the learned Government Advocate, that the proceedings dated 09.07.2024 and 11.07.2024 were served upon the petitioner herein and the same was also acknowledged by him, there is no necessity for passing any further order in the writ petition. Accordingly, the writ petition is closed. In case if the petitioner is aggrieved by the proceedings dated 09.07.2024 or proceedings dated 11.07.2024, the petitioner is at liberty to take appropriate steps to challenge the same in accordance with law.
4. Accordingly, the writ petition stands closed.
22.07.2024 vsn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order To
1.Principal Secretary to Govt.
Municipal Adminstration & Water Supply Dept., Secretariat, Chennai- 600 009.
2.The Director of Town
