1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.6722 of 2011 S.P.Balasubramanian : Petitioner Vs. 1. The Principal Secretary, Government of Tamil Nadu, Home Department, Secretariat, Chennai. 2. The Director General of Police (Law & Order), DGP Office, Beach Road, Chennai. 3. The Superintendent of Police, Dindigul District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the order of the second respondent dated 31.03.2011 made in Na.Ka.No.200423/C.A.2/2010 and quash the same as it is illegal and in consequence directing the respondents to appoint the petitioner for the post of Grade II Constable or any other post commensurate to his qualification and education in their office on the ground of compassionate ground. For Petitioner : Mr.R.Surianarayanan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Challenging the impugned order of the second respondent dated 31.03.2011, rejecting the request of the petitioner for appointment to the post of Grade II Police Constable on compassionate ground, the present Writ Petition is laid. 3. It is the case of the petitioner that his father was a Head Constable and expired during his service. His father had two wives, viz., Easwari and Thennarasi and six children. The petitioner was born through the second wife. He has sought for appointment on compassionate ground. The same was rejected only on the ground that he, being the son of the second wife, is not entitled for appointment on compassionate ground. Challenging the same, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel appearing for the petitioner submitted that it is a well settled law that the children born through the void marriage, cannot be held to be illegitimate and they have to be considered as legitimate children and hence, they are entitled for all the benefits. The said view was taken by the Principal Bench in the judgment in N.Panneerselvam vs. The Secretary to Government, Public Works Department, Chennai reported in 2009(1) MLJ 54. This fact is not disputed by the learned Additional Government Pleader appearing for the respondents. 5. In view of the above stated position, the impugned order of the second respondent dated 31.03.2011 is liable to be set aside and accordingly, set aside and the Writ Petition, therefore, stands allowed. It is open to the second respondent to consider the claim of the petitioner on merits and in accordance with law, without reference to the fact that he is the son of the second wife of the deceased. The said exercise has to be carried out, within a period of three months from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1. The Principal Secretary to Government, Home Department, Secretariat,Chennai. 2.The Director General of Police (Law & Order), DGP Office, Beach Road,Chennai. 3.The Superintendent of Police, Dindigul District. Order made in W.P.(MD).No.6722 of 2011 SML PA/06.07.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/