1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11197 of 2011 And M.P.(MD).No. 1 of 2011 M.Ramprasath ... Petitioner -Vs- 1. The District Collector Theni District 2. The Revenue Divisional Officer Uthamapalayam (P.O.) & (T.K.) Theni District 3. The Tahsildar Uthamapalayam (P.O.) & (T.K.) Theni District 4. Tmt. Padmavathi 5. Mrs.Karthika 6. Mr.Eswarprasad 7. Selvi Chitra 8. Lakshmi Priya 9. Karthiyayini ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents 1 to 3 to give compassionate appointment to the petitioner taking note of his qualification in the earliest point of time. For Petitioner : Mr. A.Thirumurthy For RR 1 to 3 : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R Pleadings disclose that one K.S.Murugesan, was employed as Personnel Assistant in the office of the Revenue Divisional Officer, Uthamapalayam Town, Theni District. He was married to one Padmavathy and three children were born. During the subsistence of the marriage, the said Thiru. K.S.Murugesan, had contracted another marriage with the petitioner's mother, viz., Tmt. Muthulakshmi. There were three issues including the petitioner. His father died on 20.08.2007 in harness. After his demise, a dispute arose between the legal heirs, and a Succession Original Petition has been filed by the first wife, viz., Tmt. Padmavathy, on the file of the learned Principal District Judge, Theni, in which, the petitioner's mother, petitioner and two sisters were impleaded as parties. Official respondents viz., the Revenue Divisional Officer, Uthamapalayam and Tahsildar, Uthamapalayam, were also impleaded as respondents. The said S.O.P. 1 of 2007 was decreed, declaring that the said Padmavathy and her three children, the petitioner and two sisters as legal heirs. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Being aggrieved by the decree, the petitioner's mother, viz., Tmt. C.M.Muthulakshmi, has filed an appeal in C.M.A.(MD).No. 383 of 2009 on the file of this Court and the same is pending. Pending disposal of the appeal, the District Collector, Theni District, the first respondent herein, has ordered pension to be paid in favour of the said Tmt. Padmavathi, by proceedings, dated 12.05.2010. While disbursing the Death Cum Retirement Gratuity, vide order, dated 12.05.2010, the District Collector, Theni District, the first respondent herien, has granted 1/7th share each, to the petitioner and two sisters. While the Civil Miscellaneous Appeal is pending, the first wife, viz., Tmt. Padmavathy, has given a representation to the Revenue Divisional Officer, Uthamaplayam, the second respondent herein, seeking employment assistance on compassionate grounds to her son Mr.Eswarprasad, the sixth respondent in this Writ Petition. The petitioner has also given a representation, dated Nil.10.2010, seeking employment assistance on compassionate grounds, contending inter alia that all the three legal heirs of the deceased Government servant K.S.Murugesan born through Tmt. Muthulakshmi, are unemployed, whereas, the legal heirs born through Tmt.Padmavathy, the first wife are employed. 3. It is the contention of the petitioner that the employment assistance on compassionate grounds is given to tide over the financial constraint of the dependents of a deceased Government servant. As there is a deprivation of the petitioners due share and since the legal heirs through the first wife, are already working as Assistant Area Manager of Yuvan Business group and in Mahendra Finance, Chennai, respectively, there is no need to extend the benefits of the scheme to the children born through the first wife. In such circumstances, the petitioner has sought for a Mandamus directing the respondents 1 to 3 to provide suitable job under the scheme on the basis of his educational qualification. 4. Employment Assistance on compassionate grounds, is provided to tide over the financial constraint, faced by the dependents of a Government servant. According to the petitioner, though he is the son of the second wife and declared as one of the legal heirs to the estate of the deceased Government servant in S.O.P.No. 1 of 2007 on the file of the Principal District Judge, Theni, the respondents 1 and 2 are taking steps to appoint the sixth respondent, son born through the first wife, Padmavathy. 5. It is his further contention that as a legal heir, he is also entitled to stake his claim for employment assistance. Reference has also been made as to how the Death Cum Retirement Gratuity benefits have been shared, pursuant to the orders made in S.O.P.No. 1 of 2007 on the file of the Principal District Judge, Theni, against which, an appeal in C.M.A. (MD).No. 383 of 2009 is stated to be pending on the file of this Court. 6. The question as to whether which of the rival claimants is entitled, to seek for employment assistance, on compassionate grounds, has to be decided only by the competent authorities, having regard to the factors to be taken into consideration and to be satisfied by the applicant. When the dispute claiming employment assistance, is already on record, Mandamus cannot be issued to the respondents to decide in favour of the petitioner. It is for the competent authority to decide as to who should be extended to the benefits of the scheme. https://hcservices.ecourts.gov.in/hcservices/ 3 7. In such view of the matter, Mandamus sought for is refused. The respondents 1 and 2 are directed to take appropriate action, on request made by the rival claimants, namely, Mr.Eswarprasad, the sixth respondent herein and the petitioner and if any decision is taken, the same shall be communicated to the claimants. 8. With the abovesaid directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. SD/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) To 1. The District Collector Theni District 2. The Revenue Divisional Officer Uthamapalayam (P.O.) & (T.K.) Theni District 3. The Tahsildar Uthamapalayam (P.O.) & (T.K.) Theni District +1. CC to the Special Government Pleader, SR.No. 34004 vsg W.P.(MD).No.11197 of 2011 28.09.2011 TR :20.10.2011: 3p/5c https://hcservices.ecourts.gov.in/hcservices/