1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21/6/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN W.P.(MD) No.636 of 2011 J.P.Rohini ... Petitioner vs The Commissioner Madurai Municipal Corporation Madurai. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records from the respondent Commissioner, Madurai Municipal Corporation relating to the impugned order passed in his proceedings Na.Ka.No.A3/23242/09 dated 25/2/2011 appointing the petitioner as Office Assistant in the Madurai Municipal Corporation quash the same and direct the respondent Commissioner, Madurai Municipal Corporation to appoint the petitioner as Secondary Grade Assistant in any one of the respondent Schools out of 50 vacancies available on compassionate ground. For petitioner ... Mr.P.Senthur Pandian For respondent ... Mr.M.Ravishankar. - - - - - O R D E R The petitioner has come up with the present writ petition, challenging the order of the respondent viz., The Commissioner, Madurai Municipal Corporation, Madurai dated 25/2/2011, appointing the petitioner as Office Assistant in Madurai Municipal Corporation with a further direction to the respondent to appoint her as Secondary Grade Assistant in any one of the respondent School on a compassionate ground. 2. The case of the petitioner in a nutshell as stated in the affidavit filed in support of the writ petition are stated hereunder:- Her mother one I.Ponmani, while working as a Post Graduate Assistant - Tamil in the respondent Madurai Municipal Corporation, Kakkai Padiniar Girls Higher Secondary School, Chokkikulam, died in harness on 4/2/2009. The petitioner being the daughter sought for employment on compassionate ground. While so, the respondent had passed the impugned order dated 25/2/2011 appointing her as Office Assistant in Madurai Municipal Corporation. Challenging the said order, the petitioner has approached this Court by way of filing the present writ petition. 3. On notice, the learned counsel appearing for the respondent Corporation submitted that though the petitioner is entitled to be https://hcservices.ecourts.gov.in/hcservices/ 2 appointed as Secondary Grade Assistant, she has been appointed as Office Assistant in the respondent Corporation and her request would be considered considering the relevant rules. 4. On considering the above submissions made by the learned counsel appearing for the petitioner as well as the respondent Corporation, I am of the considered view that the impugned order appointing the petitioner as Office Assistant is liable to be quashed and the petitioner shall be appointed as Secondary Grade Assistant. 5. The reason being that the petitioner possessed of required qualification to be appointed as Secondary Grade Teacher. That apart, by proceeding dated 29/12/2010, a clarification has been sought for by the respondent from the Director of School Education which is extracted hereunder:- ghh;it 1-y; fz;Ls;s murhizapd;go fUiz mog;gilapy; 'C' kw;Wk; 'D' gphpt[fspy; gzpepakdk; bra;ayhk; vd Miz tH';fg;gl;Ls;sJ. ghh;it 2-y; fz;Ls;sgo fUiz mog;gil gzpepakdA;fspy; mYtyf cjtpahsh;fs;. jl;lr;rh;. kw;Wk; ,ju bghJg;gphpt [ my;yhj Non common category C & D; gphpt[ gzpapl';fis epakdk; bra;ayhk; vd Fwpg;gplg;gl;Ls;sJ. vdBt C & D gphpt [fspy; Non common category vd;gjpy; ve;bje;j gzpapl';fs; ml';Fk; vd;gjw;fhd bjspt[iu tH';Fk;go gzpt[ld; nfl;Lf;bfhs;sg;gLfpwJ. 6. A reply was sent by the Joint Director, Kallar Reclamation dated 7/1/2011 which is extracted hereunder:- kJiu ,iz ,af;Feh; (f.rP) mYtyf ; eph;thfj;jpd; fPH; ,a';Fk; fs;sh; gs;spfspy; fUiz mog;gilapy; gzpepakdk; bra;tJ bjhlh;ghf jfty; mwpa[k; chpikr; rl;lj;jpd; fPH; fPH;fhZkhW tptuk; nfhhpa[s;shh; mjw;fhd tpsf;fk; bjhptpf;fg;gLfpwJ/ 1. ntiyepakdj; jilr;rl;lk; ePf;fg;gl;lgpd; fUiz mog;gilapy; 'Group -”C”, Group - “D” gphpt[fspy; thhpR ntiyfs; tH';f muR Mizapl;Ls;sJ. j';fs; eph;thfj;jpd; fPH; 'Group “C” gphptpy; cs;s ,ilepiy Mrphpah;fs; ahUk; Muk;gg;gs;spfspy; ,ilepiy Mrphpah;fs; gzpntz;o fUiz mog;gilapy; tpz;zg;gk; bra;J. epakdk; bra;ag;gl;Lsduh? gjpy; :- fUiz mog;gilapy; tpz;zg;gk; bra;J epakdk; bra;ag;gl;Ls;sdh; 2. murhizapd;go 'Group - “C”-,y; cs;s ,ilepiy Mrphpah;fs; gzpaplj;jpy; (Muk;gg;gs;spfspy;) fUiz mog;gilapy; thhpR ntiy tHA;fyhkh? gjpy; :- tH';fyhk; . https://hcservices.ecourts.gov.in/hcservices/ 3 7. That apart, the letter of the Director of School Education clarifying that the post of Secondary Grade Teacher included in 'C' group of non-common category is extracted hereunder:- ghh;itapy; fhZk; fojj;jpy; bjhptpj;Js;sthW gs;spf; fy;tpj; Jiwiag; bghWj;jtiuapy; bghJg;gphpt[ my;yhj (Non common category) “C” kw;Wk; “D gphpt[ gzpapl';fshd ” ,ilepiy Mrphpah; kw;Wk; rpwg;ghrphpah; nghd;w gzpapl';fs; ml';Fk; vdj; bjspt[iu tH';fg;gLfpwJ. 8. The above proceedings will clearly disclose that the petitioner is entitled to be appointed as Secondary Grade Assistant. There is no rhyme or reason to appoint her as Office Assistant. The petitioner when possess with all required qualification, it is not known why she has been denied of appointment as Secondary Grade Assistant. 9. In view of the above stated position, I am inclined to set aside the impugned order dated 25/2/2011 passed by the respondent. 10. In the result, the writ petition is allowed and the respondent is directed to appoint the petitioner as Secondary Grade Assistant in any one of the respondent School on compassionate ground. The said exercise has to be carried out within a period of six weeks from the date of receipt of a copy of this order. No costs. sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To The Commissioner Madurai Municipal Corporation Madurai. + 1 cc to Mr.P.SENTHUR PANDIAN, Advocate, SR No.19383 W.P.(MD) No.636 of 2011 21/6/2011 mvs RJ/1.7.11 3p/3c https://hcservices.ecourts.gov.in/hcservices/