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2009 DIGILAW 892 (MAD)

G. Thilagam v. The Collector, Noon Meal Section, Collectorate, Vellore – 9 & Another

2009-04-01

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR

body2009
Judgment 1. The prayer in the writ petition is to direct the first respondent to pass orders on the petitioners representation dated 111. 1998 praying for appointment as Noon Meal Organiser on compassionate ground. 2. The case of the petitoner is that her husband by name Gnanamani was working as Noon Meal Organiser in the Adi Dravidar Welfare School, Eralacherry, Kaveripakkam Panchayat Union, Vellore District, and he died in harness on 10. 1998 in a road accident, leaving behind the petitioner as his widow and three minor children and his parents. In view of the death of the petitioners husband and father of the three minor children, the family was left in indigent circumstance. 3. Petitioner passed S.S.L.C examinations. Since there is a provision to seek appointment on compassionate ground by the legal heirs of the deceased Noon Meal Organisers, petitioner applied for the same on 111. 1998 through the Commissioner of Kaveripakkam Panchayat Union. The said representation/application seeking compassionate ground appointment was forwarded by the Commissioner of Kaveripakkam Panchayat Union by his proceedings dated 211. 1998 with due recommendations to the District Collector. Since no action was taken to appoint the petitioner on compassionate ground, petitioner filed O.A.No.1761 of 1999 before the Tamil Nadu Administrative Tribunal on 3. 1999 and the same was admitted on 23. 1999. The said O.A.No.1761 of 1999 is now transferred and numbered as the above writ petition. 4. In spite of service of notice to the first respondent/the District Collector, Vellore, who is the competent authority to pass orders, till date neither counter affidavit is filed, nor any order either accepting or rejecting the request of the petitioner for compassionate ground appointment was passed. 5. The petitioner has filed a copy of the death certificate of her husband Gnanamani mentioning the date of death as 10. 1998, the registration of which was made on 210. 1998. Petitioner also produced legal heirship certificate issued by the Tahsildar of Arakkonam, dated 11. 1998 disclosing that the petitioner is the widow of the deceased Gnanamani; G.Vimalraj and G.Gandhiraj are the sons of the deceased; G.Bargavi is the daughter of the deceased; and Backianathan is the father and Susila is the mother of the deceased Gnanamani. Petitioners application dated 111. 1998 is also filed among the typed set of papers. The recommendation made by the second respondent to the first respondent in his proceedings Na.Ka.No.A10/5136/98, dated 211. Petitioners application dated 111. 1998 is also filed among the typed set of papers. The recommendation made by the second respondent to the first respondent in his proceedings Na.Ka.No.A10/5136/98, dated 211. 1998 clearly states that the petitioner was suffering a lot after the demise of the petitioners husband and there was a vacancy available to give appointment to the petitioner. Petitioner also passed S.S.L.C. examinations and was aged 35 years in the year 1998. 6. The learned counsel for the petitioner produced G.O.Ms.NO.215 Social Welfare and Noon Meal Scheme Department, dated 9. 1998 wherein it is stated that compassionate appointment can be given to a legal heir of not only the deceased Noon Meal Organiser, but also to a legal heir of the deceased Noon Meal Cook and deceased Noon Meal Assistant. The Government authorised the concerned District Collector to issue appointment order on compassionate ground and directed to report the same to the Government. 7. In spite of the issuance of G.O.Ms.NO.215 Social Welfare and Noon Meal Scheme Department, dated 9. 1998 as well as recommendations made by the second respondent to the first respondent, the first respondent had not chosen to consider the application of the petitioner seeking appointment on compassionate grounds. By the inaction of the first respondent, the petitioners family is made to suffer for more than ten years. The eligibility of the petitioner to get appointment on compassionate ground is fully established as per the recommendations of the second respondent on 211. 1998 as well as the Government order cited above and the Government letter No.37910/Noon Meals-3/92-2, Social Welfare and Noon Meals Department, dated 11. 1992. 8. In view of the above, the first respondent is directed to consider the recommendation of the second respondent and pass orders for appointment of the petitioner in the post of Noon Meal Organiser on compassionate ground in any one of the Panchayat Union Schools in Kaveripakkam Panchayat Union, within two weeks from the date of receipt of copy of this order. Since the petitioner is compelled to file O.A.1761/1999 and forced to wait with sufferings for more than ten years, the first respondent is directed to pay cost of Rs.5,000/- to the petitioner. The writ petition is allowed with the above directions. The Registry is directed to list the matter on 24. 2009 for reporting compliance of the above directions.