1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.1188 of 2011 and M.P.(MD).No.2 of 2011 The Commissioner, Madurai Corporation, Madurai. ... Appellant/Respondent Vs. J.P.Rohini ... Respondent/ Petitioner Writ Appeal is filed under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 21.06.2011, made in W.P. (MD)No.636 of 2011. WP(MD)No.636 of 2011 : Presented to this Court under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus calling 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 and quash the same and direct the respondent Commissioner to appoint the petitioner as Secondary Grade Assistant in any one of the respondent Schools out of 50 vacancies available on compassionate ground. For Appellant : Mr.S.Janakar For Respondent : Mr.K.Sathiya Singh JUDGMENT (Judgment of the Court was made by M.VENUGOPAL, J) The Appellant/Respondent has preferred this Writ Appeal as against the order, dated 21.06.2011, made in W.P.(MD).No.636 of 2011 by the Learned Single Judge in allowing the Writ Petition filed by the Respondent/Writ Petitioner. 2.The Respondent's/Writ Petitioner's mother one Ponmani, while serving as a Post Graduate Assistant in Tamil in the Appellant/Respondent Corporation at Kakkai Padiniar Girls Higher Secondary School, Chokkikulam, died in harness on 04.02.2009. The Respondent/Petitioner is the daughter of her deceased mother Ponmani, who now sought for employment on compassionate ground. The Appellant/Respondent Corporation has passed the impugned order, dated 25.02.2011, appointing the Respondent/Petitioner as an Office Assistant in the Madurai Municipal Corporation. Questioning the said order, the Respondent/Petitioner has filed the Writ Petition before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The Learned Single Judge, after hearing both sides, has come to a clear conclusion that the Respondent/Petitioner is entitled to be appointed as Secondary Grade Assistant. It is not in dispute that the Respondent/Petitioner is possessing the requisite qualification to be appointed as Secondary Grade Assistant. While that being the factual position, there is no reason for the Appellant/Respondent Corporation to refuse to appoint her as a Secondary Grade Assistant. Therefore, the learned Single Judge has rightly allowed the Writ Petition by setting aside the impugned order, dated 25.02.2011, passed by the Appellant/Respondent Corporation. 4.In the light of the aforesaid view expressed by this Court, we are not inclined to take a different view than the one taken by the Learned Single Judge in allowing the Writ Petition filed by the Respondent/Petitioner. The Writ Appeal fails and accordingly, the same is dismissed. The order passed by the Learned Single Judge is confirmed by this court for the reasons assigned in this Judgment. Consequently, connected miscellaneous petition is also dismissed. No costs. 5.The Learned standing counsel for the Appellant/Respondent Corporation seeks time to implement the order of the Learned Single Judge. Accordingly, we direct the Appellant/Respondent Corporation to implement the order of the Learned Single Judge in W.P.(MD).No.636 of 2011, within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar To: The Commissioner, Madurai Corporation, Madurai. +2CC TO M/S.P.SENTHUR PANDIAN, ADVOCATE SR : 43334 Gcg SR : 16.12.2011 : 2p/4c Judgment In W.A.(MD)No.1188 of 2011 Dated:12.12.2011 https://hcservices.ecourts.gov.in/hcservices/