LAWS(MAD)-2019-4-453

B. RADHIKA Vs. EXECUTIVE DIRECTOR

Decided On April 03, 2019
B. Radhika Appellant
V/S
EXECUTIVE DIRECTOR Respondents

JUDGEMENT

(1.) The husband of the Appellant, viz., B. Balaji, who was working as Office Assistant in Airports Authority of India, Southern region, Chennai, died in harness on 30.08.2007 leaving behind his wife, who is the Appellant herein and was then aged 26 years, and their daughter, who was then aged 3 years. Claiming that the family of the deceased was in indignant circumstances, the Appellant made application for compassionate appointment to the Respondents on 03.03.2008. In the proceedings No. A-12012/3/2008-EM/EAC dated 28.04.2010 issued by the First Respondent, it had been stated that the competent authority had approved the employment assistance to the persons as per the enclosed list, which included the name of the Appellant at serial No. 28 in Non-Metro Division. However, according to the Appellant, no appointment order was issued in pursuance of the same and the Appellant made representation dated 20.03.2013 to the Second Respondent for taking necessary action in that regard. As there was no response for the same, the Appellant filed W.P. No. 29816 of 2013 in this Court seeking a direction to take action for appointing the Appellant on compassionate grounds based on the inclusion of her name in the list enclosed in the proceedings No. A-12012/3/2008-EM/EAC dated 28.04.2010 issued by the First Respondent.

(2.) The Learned Judge, who heard the Writ Petition, by order dated 13.11.2017, after elaborately referring to the object of appointment on compassionate grounds to tide over the sudden crisis in the family caused due to the death of the breadwinner as repeatedly emphasized by the Hon'ble Supreme Court of India in various cases, dismissed the Writ Petition. Aggrieved thereby, the intra-Court appeal has been preferred.

(3.) We have heard Mr. P. Manoj Kumar, Learned Counsel appearing for the Appellant, Mr. R. Parthiban, Learned Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.