Fathima vs Commissioner, Corporation of Chennai

M.M. Sundresh, J.—In pursuant to the death of the deceased employee C.K.Kaja Mohideen on 26.4.2009, the petitioner, claiming to be his daughter, gave a representation seeking appointment on compassionate ground. The petitioner has produced the death certificate of the deceased, legal heir certificate, no objection certificate, community certificate and comprehensive certificate issued by the Tahsildar, Triplicane, Mylapore Taluk to show that she is the daughter of the deceased. The request of the petitioner was not considered on the ground that she has not produced the age certificate.

Learned counsel appearing for the petitioner has submitted that she has not produced any proof of her age and for that birth certificate is required.

Learned counsel appearing for the petitioner further submitted that the petitioner being an illiterate widow and her birth having not been registered with the authorities concerned, she is unable to produce the same. He also submitted that the petitioner is ready and willing to produce the relevant documents, such as passport, to show the date of birth of the petitioner.

What the respondents required is public document indicating the date of birth of the petitioner. The petitioner cannot produce a document which she is not in possession of. The documents produced by the petitioner would show that she is the daughter of the deceased. In fact, the proceedings of the Tahsildar, Triplicane, Mylapore Taluk would show that a detailed enquiry was conducted in which the petitioner along with two other persons have been shown as the children of the deceased. The petitioner is also said to be a widow.

Considering the same, a direction is issued to the respondent to process the application of the petitioner on merits and in accordance with law by accepting the passport of the petitioner for the purpose of taking into consideration of the date of birth of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Consequently, M.P.No. 1 of 2013 is closed.