IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2010
CORAM
The Hon'ble Mr. Justice R. SUDHAKAR
Writ Petition No.42796 of 2006
P. Shanmugavalli .. Petitioner
Vs
The District Educational Officer,
Dindigul District,
Dindigul. .. Respondents
Prayer: Original Application No.7763 of 1999 on the file of Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as W.P.No.42796 of 2006, praying to call for the records pertaining to the impugned order of the respondent in No.3410/A1/99, dated 6.9.99 and set aside the same and consequently direct the respondent to appoint the petitioner as Junior Assistant on compassionate ground with all attendant and monetary benefits.
For Petitioner : Mr. V. Kathiravan
For Respondents : Mr. S. Shivashanmugam
Government Advocate
ORDER
This writ petition is filed to call for the records pertaining to the impugned order of the respondent in No.3410/A1/99, dated 6.9.99 and set aside the same and consequently direct the respondent to appoint the petitioner as Junior Assistant on compassionate ground with all attendant and monetary benefits.
2. The petitioner seeks appointment on compassionate ground stating that the mother of the petitioner died on 5.5.1991 while in service as a secondary grade teacher in panchayat union middle school. She made an application for compassionate appointment on 10.10.1993. Her claim was not considered for several years. After repeated representation, the last of which was made on 16.8.99. The impugned order was passed on 6.9.99 stating that at the time of considering her claim for compassionate appointment, she has got married. Therefore, as per the Government Rule, compassionate appointment cannot be given. Hence, the original application has been filed in the year 1999 seeking the above said relief.
3. No reply affidavit has been filed. Heard Mr.Sivashanmugam, learned Government Advocate.
4. The impugned proceedings cannot be sustained as it does not state the Government Rule under which, the appointment on compassionate ground should be denied to a married women/the petitioner herein. On the contrary, in view of the decisions of this Court in U. Arulmozhi Vs. – The Director of School Education, Chennai.6. (2006, 2 L.W. 324) and G. Girija Vs. – The Assistant Director (Panchayats) Kancheepuram and others (2008, 5, C.T.C. 686), the rejection of the petitioner’s claim for the aforesaid reason cannot be sustained. Accordingly, it is set aside. The matter is remitted back to the competent authority to consider and disposed of her claim in accordance with law within a reasonable time preferably within three months from the date of receipt of a copy of this order. This writ petition is allowed to the extent indicated above. No costs.
25.2.2010
ra
Index: /No
Internet: Yes/
To
The District Educational Officer,
Dindigul District,
Dindigul.
R. SUDHAKAR,J.,
ra
WP No.42796/2006
Date: 25.2.2010