HC Writ Compensation in Gujarati

HC Writ Compensation 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

CWP No.:_______ of 2004

Petitioner 

Versus

Respondents 

List Of Events 

Dates ______ 

Events ______ 

chennai 

Petitioner 

______ 

Through, Advocate 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

CWP No:______ of 2004

Petitioner 

Versus

Respondents 

CIVIL WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR APPROPRIATE \

WRIT, ORDER OR DIRECTIONS TO THE RESPONDENTS 

Chennai 

Petitioner 

_______________ 

Through, Advocate 

Respectfully Sheweth; 

1. That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned 

is entitled to file and maintain the present writ petition before this Hon'ble Court. 

2. ______ 

GROUNDS

3. That the petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst other each one of which is without prejudice to and independent of other :- 

(a) That such an act of omission and commission on the part of the respondent whereby they have ______, is illegal, arbitrary, malafide, discriminatory, and against the well-established principles of natural justice as well as violative of the mandatory provisions of the Constitution of India. 

(b) That ______ 

(c) _______That the term dependent has been defined in The Employees' State Insurance Act, 1948 as under:- "[(6A) 'dependent' means any of the following relatives of a deceased insured person, namely: - 
(i) A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter; 

(ia) A widowed mother; 

(ii) If wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm; 

(iii) If wholly or in part dependent on the earnings of the insured person at the time of his death, - 

(a) A parent other than a widowed mother, 

(b) A minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor; 

(c) A minor brother or an unmarried sister or a widowed sister if a minor, 

(d) A widowed daughter-in-law, 

(e) A minor child of a pre-deceased son, 

(f) A minor child of a pre-deceased daughter where no parent of the child is alive, or 

(g) A paternal grand-parent if no parent of the insured person is alive;" 

(ii) That the word "dependent" has similarly been defined in The Workmen's Compensation Act, 1923 vide Section 2 (c). 

(d) ______________________________ That the petitioner is entitled for compassionate appointment even when his brother who is in employment but living separately right since the lifetime of his deceased father and is in no way supporting the family of the deceased employee. 

(e) _____ That the object of Clause 5 (c) of the instructions is to mitigate the financial difficulties of the family of the deceased employee. The same object cannot bee annulled simply because one son of the deceased employee is already in service and in no way supporting the family of deceased employee. Such condition runs contradictory to the object behind the scheme. The Clause 5 (c) is reproduced hereunder:- 

"5. Eligibility:- 

(c) In all cases where one or more members of the family are already in Government service or in employment of Autonomous bodies/Boards/Corporations etc; of the State/Central Government, employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased Government servant represents or claims that her employed sons/daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the Department of Personnel and Finance Department should specifically be sought and Finance Department should specifically be sought and the matter finally decided by the Council of Ministers" 

(f) ______That the law in this regard is well-settled as has been laid down in this regard by the Hon'ble High Court of TN in CWP 635/1984 decided on 20.05.1985, wherein the Hon'ble High Court of TN while dealing with almost the similar situation has held in the penultimate paragraph that "Aravindan had submitted that liberty should be reserved to the respondent to take action afresh against the petitioner in accordance with law. We do not think, on the facts and in the circumstances of the case, such liberty should be reserved. The petitioner was first employed in August 1981. Her services were terminated in June 1984 but the termination order was withdrawn and she continued in service till the impugned order was passed on October 31, 1984. She has thus served for about 3 1/4 years. Her conduct has been above reproach since she is not shown to have suppressed the material fact regarding the employment of her two brothers. Her version that the brothers were living separately and were not maintaining her and her widowed mother given out at the very first stage was not only duly verified by the Pradhan of the Gram Panchayat and the Executive Magistrate but has not been fond to be incorrect on the basis of any proper inquiry held so far. Even in the return it is not stated that upon any inquiry independently made by the respondent the version is found to be incorrect, although the petitioner has re-asserted on oath the same version in the petition. The case apparently is not covered by the relevant instructions governing the recruitment procedure having regard to the definition of the word "family". The petitioner has to support herself and her mother who widowed eleven years back when the petitioner's father died in a motor accident. Having regard to all the circumstances, we are of the view that the petitioner should be spared of any further agony and trouble and that the chapter must be treated as closed."