LAWS(MAD)-2013-2-214

PULIYAMPATTI PRIMARY Vs. S KALAYARASI

Decided On February 12, 2013
Puliyampatti Primary Appellant
V/S
S Kalayarasi Respondents

JUDGEMENT

(1.) This writ appeal is filed as against the order of this Court dated 12.4.2011 made in W.P. (MD) No. 3726 of 2009, wherein the writ petitioner/first respondent herein, sought for a writ of certiorarified mandamus to quash the proceedings of the fifth respondent herein, viz., the Joint Registrar of Cooperative Societies, dated 11.3.2009 and direct the appellant herein to give suitable job to the writ petitioner on compassionate basis commensurate with her qualification in the appellant-Bank.

(2.) Learned counsel for the appellant herein disputed the claim of the first respondent that the deceased was appointed on permanent basis and that he was holding the post of Clerk at the time of demise. Pointing out to the fact that even as early as in the year 1988 the first respondent's husband was appointed only as Attender and that too, on temporary basis, the learned counsel contended that since the appointment was irregular, not being routed through Employment Exchange, proceedings were initiated as against those who were responsible for making such irregular appointment.

(3.) Learned counsel for the first respondent pointed out to the benefits derived by the first respondent's husband while he was in service, towards meeting the education expenses of his children and also the Provident Fund and other benefits granted to the deceased while he was in service. He also pointed out to the recommendation made to regularise the services of the deceased and three others, and submitted that, considering the aforesaid admitted fact that there was a proposal to regularise the services of the deceased apart from three others, and the number of years of service the deceased had put in, in the Bank, the learned single Judge set aside the order of the fifth respondent herein rejecting to appoint the first respondent on compassionate ground.