LAWS(MAD)-2018-3-380

GOVERNMENT OF TAMIL NADU Vs. N MANIKANDAN

Decided On March 14, 2018
GOVERNMENT OF TAMIL NADU Appellant
V/S
N Manikandan Respondents

JUDGEMENT

(1.) Heard Mr.V.R.Shanmugathan, learned Special Government Pleader appearing for the appellants and Mr.P.Balamurugan, learned counsel appearing for the respondent.

(2.) The respondents in the writ petition are the appellants in this appeal. The respondent herein filed the writ petition challenging the proceedings of the third appellant dated 27.11.2013, whereby the third appellant informed the respondent that his application for grant of appointment on compassionate ground will be considered in accordance with the rules and commensurate with his qualification.

(3.) The respondent's father was working as Nathaswara Vidhwan in the third appellant temple and died in harness in the year 2010. The respondent was also a Thavil Vidhwan and he had also underwent three years course in Nathawara Vidhwan in a school run by the religious institution/government institution and he possesses the requisite proficiency in the art of playing the instrument. Since there were vacancies for the post of Nathaswara Vidhwan in the third appellant temple, the respondent made an application for considering him to be appointed to the said post on compassionate ground. The application was submitted through the fit person of the temple, who had stated that the respondent has not passed 6th standard and does not possess minimum general educational qualification prescribed under the Tamil Nadu Religious Institutions (Officers and Servants) Rules 1959. The Writ Court came to the conclusion that the stand taken by the appellant is incorrect as the post of Nathaswara Vidhwan or Thavil Vidhwan cannot be termed as an outdoor servant as defined under Rule 2(f) of the Rules and the minimum general educational qualification prescribed for outdoor servants cannot be applied and the reasons stated in the proceedings of the third appellant dated 27.11.2013 is incorrect. With the above reasoning, the writ petition was allowed and the third appellant was directed to appoint the respondent as Nathaswara Vidhwan.