S..Girish Kumar v. Government of Tamil Nadu

J U D G M E N T (Judgment of the Court was delivered by R.SURESH KUMAR, J.) This intra Court appeal has been directed against the order dated

21.11.2022 made in W.P.No.27001 of 2018.

¶2That the appellant viz., Girish Kumar was the writ petitioner, whose father one Subramani was working as a Forest Guard died in harness on

16.12.2014. Therefore, seeking compassionate appointment, the appellant / petitioner made an application in time which was rejected through the order dated 19.03.2018 passed by the third respondent. Challenging the same, the said writ petition has been filed.

¶3The writ Court having considered the point that, if any member of the deceased employee's family has already been working in any Government or Private Organisation on permanent basis and he or she supports the family of the deceased, then no compassionate appointment need to be given to any other family members of the deceased employee. This mainly influenced the mind of the Court, where the writ Court has rejected the writ petition through the impugned order.

¶4Assailing the said order, the present appeal has been directed at the instance of the appellant / job seeker.

¶5Heard Ms.T.Dharani, learned counsel appearing for the appellant and Mr.C.Selvaraj, learned Additional Government Pleader appearing for the respondents.

¶6We have perused the order impugned dated 19.03.2018 passed by the third respondent which was impugned before the writ Court, where the reason stated by the respondents is that, as per G.O.(Ms)No.40, Labour and Employment Department dated 05.01.1990, the guidelines have been given, under which, if already any person working in any Government or other Organisation on permanent basis, then the request of the compassionate appointment sought for by any other legal heirs of the deceased employee need not be considered and any such compassionate appointment need not be given. That was only the reason cited in the order dated 19.03.2018.

¶7However the learned counsel appearing for the appellant has brought to our notice that subsequent to G.O.(MS)No.40, Labour and Employment Department dated 05.01.1990, G.O.(Ms)No.155, Labour and Employment Department was issued on 16.07.1993, where inter alia the following has been stated: "3. In regard to the second condition mentioned in para 1 above, it is considered that if a member of the family is already on employment and supports the family then the restriction may be applied. When a dependent of the family is employed, the factors to be ascertained are, whether he is regularly employed and is actually supporting the family. If that person was employed even before the death of the Government Servant and was living separately without extending any help to the family, then the case of other eligible dependants will be considered."

¶8Relying heavily on this paragraph of G.O.(Ms)No.155, the learned counsel would contend that, if any person was employed even before the death of the Government Servant and was living separately without extending any help to the family, then the case of other eligible dependants will be considered.

¶9In this context, it is further brought to our notice that, on 19.02.2016, the Tahsildar concerned has given a certification stating that the family of the deceased employee is in indigent circumstances. The relevant portion of the certification issued by the Tahsildar reads thus: "3/ ,we;j muR CHpauhd fhyk;brd;w muR CHpauhd Rg;gpukzp j-bg/Kdprhkp vd;gthpd; FLk;gj;jpy; fhyk;brd;w Rg;gpukzp vd;gthpd; K:j;j kfs; bry;tp/rhpjh vd;gth; CdKw;wth;

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¶10If the condition imposed in G.O.(Ms)No.155 is applied to the case of the deceased employee's family, i.e., appellant's family who is the son of the deceased employee, the sister of the appellant being a differently abled person, on that quota even though she got a permanent job from TANGEDCO, the salary that she had earned is being utilised for her expenses alone and she is not supporting the family of the deceased i.e., appellant's family and this has been specifically stated by the Tahsildar in the certification dated 19.02.2016 which we have extracted herein above. In paragraph No.5 of the certification dated

19.02.2016, the Tahsildar has further stated that still the family is in indigent circumstances.

¶11This aspect has not been considered by the respondents while rejecting the plea of the appellant through the order dated 19.03.2018.

¶12Therefore, we do feel that, the order passed by the writ Court without considering these aspects in proper perspective by rejecting the writ petition may be erroneous one, hence it requires interference at our hands. Resultantly, the following orders are passed in this writ appeal:

(i) that the impugned order is set aside. As a sequel, the order impugned before the writ Court dated 19.03.2018 is also set aside and the matter is remitted back to the respondents for reconsideration.

(ii) While reconsidering the same, the certificate issued by the Tahsildar dated 19.02.2016 and any other certificates / documents which are necessary for considering the indigent circumstances of the family of the appellant / petitioner can be verified and by applying the condition imposed under Clause

(3) of G.O.(Ms)No.155, Labour and Employment Department dated 16.07.1993, the application submitted by the appellant / petitioner shall be considered objectively and a decision thereon to be made on merits and in accordance with law within a period of three months from the date of receipt of a copy of this judgment.

¶13With these directions, this Writ Appeal is disposed of accordingly. However, there shall be no order as to costs.

(R.S.K., J.) (A.D.M.C., J.)

19.03.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To

¶1The Secretary to Government, The Government of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai - 600 009.

¶2The Principal Chief Conservator of Forest, Head of the Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015.

¶3The Divisional Forest Officer, Vellore Division, Vellore District.

R.SURESH KUMAR, J. and

A.D.MARIA CLETE, J. vji

19.03.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Girish Kumar ... Appellant -Vs- 1. The Government of Tamil Nadu, Represented by Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009. 2. The Principal Chief Conservator of Forest, Head of the Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015. 3. The Divisional Forest Officer, Vellore Division, Vellore District. ... Respondents PRAYER : Appeal under Clause XV of the Letters Patent, against the order dated 21.11.2022 made in W.P.No.27001 of 2018. For Appellant : Ms.T.Dharani For Respondents : Mr.C.Selvaraj Additional Government Pleader