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R. BACKIARATHI V/S THE DIRECTOR, MEDICAL & RURAL DEVELOPMENT SERVICES, CHENNAI, decided on Wednesday, June 5, 2013.
[ In the High Court of Madras, W.P.No. 15059 of 2013. ] 05/06/2013
Judge(s) : D. HARIPARANTHAMAN
Advocate(s) : M/s. Balan Haridas. V. Subbiah, Spl. Govt.Pleader.
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    Constitution of India - Article 226 -     (Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider and appoint the Petitioner as Junior Assistant on compassionate appointment pursuant to G.O.(Nilai) No.165 Labour and Employment (Q-2) Department dated 30.08.2010 and G.O.(Nilai) No.96 Labour and Employment (Q-1) Department dated 18.06.2012.)1. Mr.V.Subbiah the Special Government Pleader takes notice on behalf of the respondents. By consent the Writ Petition is taken up for final disposal at the stage of admission itself.2. The petitioner has come up with the present Writ Petition for issuance of a Writ in the nature of Mandamus directing the respondents to consider and appoint the Petitioner as Junior Assistant on compassionate ground pursuant to G.O.(Nilai) No.165 Labour and Employment (Q-2) Department dated 30.08.2010 and G.O.(Nilai) No.96 Labour and Employment (Q-1) Department dated 18.06.2012.3. The case of the petitioner as given in the affidavit filed in support of the Writ Petition is that the petitioner's mother by name Mrs.K.Samyukthadevi was working as Nurse in the Pudukottai District Hospital. The petitioner's mother while in service died on 18.6.1998. Since the petitioner is the only daughter she submitted an application on 30.06.1999 to the respondents seeking for an appointment on compassionate ground. Regarding the petitioner's application the second respondent has sought for certain additional particulars. The petitioner did furnish the particulars as sought for by the second respondent. Despite the same the petitioner's application has not been considered by the respondents. The grievance of the petitioner is that when she went for counseling before the District Collector Puduckottai she was informed that since she got married she is not entitled to get appointment on compassionate ground. Thereafter she made repeated requests to the respondents to consider her application. Thereafter the first respondent vide communication dated 26.11.2011 sought for some particulars which was already furnished by the petitioner. It is also stated in the said communication that the application given by the petitioner in the year 1999 was not available with the first respondent-Office and that the petitioner may be given appointment only after producing the application. In these circumstances the petitioner is left with no other option excepting to approach this Court by way of filing Writ Petition seeking for aforesaid prayer.4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.5. The learned counsel for the petitioner would contend that compassionate appointment could not be denied on the mere ground that the petitioner got married. In support of that contention the learned counsel placed reliance upon the decisions rendered by me before the Madurai Bench of this Court in W.P.(MD) No.6763 of 2013 dated 23.4.2013 and W.P.(MD) No.5183 of 2013 dated 3.4.2013 wherein an identical issue raised herein has been dealt with in detail.6. Thus in the light of the judgments referred supra which squarely applies to the facts of the present case on hand this Writ Petition deserves to be disposed of by directing the first respondent to consider the petitioner's claim. Accordingly this Writ Petition is disposed of by directing the first respondent to consider the claim of the petitioner for compassionate appointment to the post of Junior Assistant without reference to her marriage and pass appropriate orders on merits and in accordance with law as early as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. No costs.