IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12..2009
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
W.P. No. 23451 of 2008
.......
1.V. Shanmugathammal
2. M. Thillai Chidambaram ...Petitioners
Vs.
1. State of Tamil rep. By
its Secretary,
Department of Home,
Fort St. George, Chennai.9.
2. The Director General of Police,
Kamaraj Salai, Mylapore,
Chennai.4.
3. The commissioner of Police,
Chennai City Police,
Egmore, Chennai.8.
4. The Joint Commissioner of Police,
Central Zone, Chennai City Police,
Egmore, Chennai.8. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the fourth respondent in connection with the impugned order in Na.Ka.No.189/119324/Pa.Pi.III/2006, dated 21.4.2007 passed by the 4th respondent denying compassionate appointment to the second petitioner and quash the same and consequently direct the third respondent to consider the appointment of the second petitioner on compassionate grounds in the light of G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993 and issue such further or other orders.
For Petitioners : Mr. M. Ramamoorthi
For Respondents : Mrs. C.K. Vishnupriya,
Addl. Govt. Pleader
ORDER
The writ petition is filed to call for the records of the fourth respondent in connection with the impugned order in Na.Ka.No.189/119324/Pa.Pi.III/2006, dated 21.4.2007 passed by the 4th respondent denying compassionate appointment to the second petitioner and quash the same and consequently direct the third respondent to consider the appointment of the second petitioner on compassionate grounds in the light of G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993 and issue such further or other orders.
2. A police constable P.C.No. 6527 by name S. Murugan, stated to be missing from the year 1993. First Information Report was registered in Cr.No. 91/1993 on 31.12.1993 at T.P. Chatram Police Station, Chennai. The case was closed on 25.11.1997. The wife and children filed O.S.No. 271 of 2002 before the Principal District Munsif Court at Tuticorin for declaration that the said Murugan is a dead person and such decree was passed on 16.6.2003. Since the said Murugan was in service in the year 1993, it is stated that his wife sought for compassionate appointment for her elder son by name Subbiah. It is stated by the first petitioner/wife of late Murugan that her son Subbiah left her and the family in poverty.
3. The learned Government Advocate, however, states that M.Subbiah was recruited as Gr.II constable at Chennai and he is serving in the police department and at present at Tihar Jail in New Delhi. It is not clear as to whether the said appointment is on compassionate ground or a regular appointment. Be that as it may, the wife and other son M. Thillai Chidambaram have made an application on 15.10.2004 to the respondents authority for considering the claim of M.Thillai Chidambaram for appointment on compassionate grounds. The said application was rejected in the impugned proceedings on 21.4.2007. The reasons for rejecting the plea of compassionate appointment are as follows:-
(i)The first son is a police constable.
(ii) The family of the petitioner is not under indigent circumstances.
(iii) The application of Thillai Chidambaram is made beyond the period prescribed.
Challenging the same, the present writ petition has been filed.
4. Though the order contains the reason for rejecting the claim, the ground on which, the writ petition is canvassed by the petitioner is that the impugned order has been passed by the 4th respondent/ Joint Commissioner of Police, Central Zone, Chennai City Police, who is not a competent authority to decide the claim and the same is contrary to G.O.Ms.No. 314, dated 13.11.1991.
5. The learned counsel for the petitioner, in particular, referred to the paragraph 3 of the said Government Order and stated that the third respondent/ Commissioner of Police and the 4th respondent/ Joint Commissioner of Police are the head of office, who are entitled to receive the application of the petitioner for considering the case for compassionate appointment and their role is only to forward the same to the Head of Department viz., Director General of Police, who alone can consider the claim on merits. Since the impugned order has been passed by the Joint Commissioner of Police, who is not competent to pass the same, the writ petition has been filed to set aside the said order and consequential relief .
6. No counter has been filed. However, the learned Government Advocate stated that the case of the petitioner was considered on merits. She, however, submitted that if the Court is inclined to set aside the order on the ground of error in jurisdiction in terms of the Government Order referred to above, the matter may be set aside and remitted back to the second respondent competent authority for considering the petitioner’s claim on merits.
7. Taking into consideration the paragraph 3 of the Government Order referred to above, it is clear that the 4th respondent ought not to have issued the impugned order, whereas, his role is only to forward the application to the Director General of Police, the Head of Department, who alone is competent to pass the appropriate order on merits.
8. In such view of the matter, the impugned order is set aside and the matter is remitted back to the second respondent/ Director General of Police, to consider the claim of the petitioner on its own merits. It is made clear the the representation if any will be only to high light the case of the petitioner in support of the original application for compassionate appointment. The authority, Director General of Police is directed to dispose of the matter expeditiously, taking into consideration the representation if any made. Writ petition is ordered as above. No costs.
ra
To
1. The Secretary,
Department of Home,
Fort St. George, Chennai.9.
2. The Director General of Police,
Kamaraj Salai, Mylapore,
Chennai.4.
3. The commissioner of Police,
Chennai City Police,
Egmore, Chennai.8.
4. The Joint Commissioner of Police,
Central Zone, Chennai City Police,
Egmore,
Chennai 8