Madras High Court
A.Vetrikumari vs Government Of Tamil Nadu on 2 August, 2013
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2013
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.21279 of 2013
A.Vetrikumari ... Petitioner
vs.
1.Government of Tamil Nadu,
Rep. By Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai 600 009.
2.The Dean
Rajiv Gandhi Government General
Hospital, Chennai 600 003. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus, calling for the records on the order of the second respondent herein in O.Mu.No.3503/ NI.4/1/01 dated 29.9.2011 to quash the same and to issue consequential directions to the respondents to give her appointment in any suitable post on Compassionate Grounds, consequent on the death of her father V.Subramani, Hospital Worker, Govt. General Hospital (now Rajiv Gandhi Govt. General Hospital Chennai-3 on 16.9.1988 while in service.
For Petitioner : Mr.M.Ravi
For Respondents : Mr.V.Subbiah, Spl.G.P.
O R D E R
By consent of both parties, the main writ petition itself is taken up for final disposal.
2. The father of the petitioner viz., V.Subramani was working as Hospital Worker in Government General Hospital. He expired on 16.09.1988 while in service, leaving behind him, the petitioner herein, his wife and four other children. At the time of death of her father, the petitioner was a minor. Her other sisters and brothers were married and living separately. They gave consent for the petitioner being given appointment on compassionate grounds.
3. While so, the mother of the petitioner applied to the second respondent on 18.07.2001 for giving appointment to the petitioner. However, there was no response. Hence, the petitioner made a representation dated 17.06.2011 with regard to her appointment on compassionate grounds.
4. The second respondent passed the impugned order dated 29.09.2011 rejecting the claim of the petitioner for compassionate appointment on the ground that the application was made belatedly i.e, beyond the limitation period of three years.
5. In these circumstances, the petitioner has filed this writ petition, seeking to quash the order dated 29.09.2011 of the second respondent and for a consequential direction to the respondents to give her appointment in any suitable post on compassionate grounds, consequent on the death of her father.
6. Heard both sides.
7. The petitioner has placed heavy reliance on the Government Letter No.39924/Q1/95-1 Labour and Employment Department, dated 11.10.1995 and a judgment of mine dated 09.08.2011 made in W.P.No.7565 of 2011.
8. The learned counsel for the petitioner has submitted that the three year limitation period was introduced by the Government in G.O.Ms.No.120 Labour and Employment, dated 26.06.1995. Prior to the said Government Order, there was no limitation that application for compassionate appointment should be made within three years from the date of death of government servant. In case of death of a government servant which took place prior to 26.06.1995 viz., the date of issuance of GO, the applications should be made within three years from 26.06.1995.
9. Subsequent to the issuance of G.O.Ms.No.120 Labour and Employment, dated 26.06.1995, the Government issued a letter in Letter No.39924/Q1/95-1 Labour and Employment Department, dated 11.10.1995, to the effect that the time limit of three years period specified in the said Government Order, dated 26.06.1995, was applicable only to the dependants of the Government Servants, those who died while in service on or after 26.06.1995 and the above said GO is not applicable to the past cases.
10. Relying on the aforesaid Government Letter dated 11.09.1995, I have allowed the writ petition vide order dated 09.08.2011 in W.P.No.7565 of 2011, since the claim for compassionate appointment was rejected on the ground that the same was made beyond three years after the death of the Government Servant. In that case, the death of the Government took place before 26.06.1995.
11. The learned Special Government Pleader has submitted that the Government has issued another letter in Letter (Ms) No.202, dated 08.10.2007, making it clear that limitation prescribed in G.O.(Ms).No.120 Labour and Employment Department, dated 26.06.1995 would continue to operate. The said letter of the Government dated 08.10.2007 is extracted hereunder:-
"Sub : Public Services-Scheme of compassionate ground appointment Time limit to present application Time limit fixed instructions issued.
Ref : 1) G.O.(Ms)No.120 Labour and Employment Department, dated 26.06.1995.
2) Govt. Letter No.39924/Q1/1995-1, Labour and Employment Department, dated 11.10.1995.
3)From the Collector of Tirunelveli, D.O.Letter ROC.No.A.4/105795/2002 dated 28.09.2003, addressed to the Special Commissioner and Commissioner of Revenue Administration, Chennai -5.
4)From the Special Commissioner and Commissioner of Revenue Administration, Chennai -5, Letter No.1C4/47209/2003, dated 13.11.2003, addressed to Secretary to Government, Revenue Department.
5)G.O.(Ms)No.42 Labour and Employment Department, dated 12.03.2007.
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I am directed to state that on the recommendations of the Staff Committee, orders were issued in paragraph 2.5 of the Government Order fifth cited among others that the existing time limit of 3 years for filing of applications from the date of the death of the Government Servant shall be continued.
2.As per the above directions, many departments of Secretariat/ Some of the Heads of Departments have now requested to seek general clarifications issued in Government letter second cited indicating that the time limit of three years period specified in the Government Order first cited is applicable to the dependants of the Government servants who died while in service on or after 26.06.1995 and the above said Government order are not applicable to past cases.
3. The very purpose of giving compassionate ground appointment scheme is only to help the family of the deceased Government servant to tide over the sudden indigent circumstances unexpectedly created by the sudden and untimely death of the Government servant. So the appointment should, therefore be provided immediately to redeem the family in distress and the provision of compassionate appointment after a lapse of very long time defeats the very purpose of the compassionate ground appointment scheme. The Supreme Court has made critical observations with regard to this issue and that the critical issue is whether the family is in indigent circumstances. In the cases of application made after ten years, twenty years and thirty years from the date of death of the Government servant, obviously the family cannot be considered in indigent circumstances. In view of this, the instructions issued in the reference 2nd cited could not be considered to be applicability to past cases after the lapse of 3 years, even where the government servant died prior to 26.06.95. In other words the applicability of the clarification issued in second letter cited was for only to past cases to cover the period of 3 years only and not for infinite period.
4. In this connection, I am to add that based on the direction of the Supreme Court regarding indigent circumstances of the family and the decision taken by the Cabinet accepting the recommendations of the Staff Committee the Government direct that the compassionate ground appointment have to be made as per the detailed guidelines issued in the Government Order fifth cited wherein it has been clearly mentioned that the existing time limit of 3 years for filing applications from the date of death of Government servant shall be continued.
5. I am therefore, to request you to follow the above guidelines issued in the Government Order fifth cited for all present, past and future cases and the instructions issued in Government Letter second cited cannot be taken into account. The crux of matter is that the time limit shall be 3 years for filing application from the date of the death of Government servant and is applicable to all cases, including where the Government Servant has died in service even prior to 26.06.1995 also."
12. I have perused the order of mine dated 09.08.2011 made in W.P.No.7565 of 2011. The said order was passed based on the Government Letter dated 11.10.1995. The letter dated 08.10.2007, that is now produced by the learned Special Government Pleader was not brought to my notice at the time when the order was passed and if it was produced, I could not have allowed the writ petition relying on the Government letter dated 11.10.1995. The said order was passed on the presumption that G.O.(Ms).No.120 Labour and Employment, dated 26.06.1995 was clarified by the Government in the letter dated 11.10.1995.
13. Hence, I am not inclined to follow the aforesaid order as well as the Government letter dated 11.10.1995. The Government has issued the letter dated 08.10.2007 making the position clear. The three year limitation period will govern both situations viz., death that happened after the issuance of G.O. and also the death of Government servant that took place prior to the date of issuance of G.O. i.e, 26.06.1995.
14. In the case on hand, the death of the Government servant took place on 16.09.1988. The application was made after 13 years. No reasons were given as to why there was a delay of 13 years in making the application. Representation dated 17.06.2011 was made after 10 years of making the application, that is after 23 years after the death of the government servant and the same was rejected by the impugned order dated 29.09.2011.
15. In these circumstances, I am not inclined to interfere with the impugned order dated 29.09.2011, more particularly, in the light of the Government letter dated 08.10.2007. Accordingly, the writ petition is dismissed. No costs.
02.08.2013 Index : Yes/No Internet: Yes/No svki To
1.The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai 600 009.
2.The Dean Rajiv Gandhi Government General Hospital, Chennai 600 003.
D.HARIPARANTHAMAN, J.
svki W.P.No.21279 of 2013 02.08.2013