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Judgment
S. Manikumar, J.—1. By consent of the parties, writ petition itself is taken up for hearing. Challenge in this writ petition is to the proceedings in A.I.R. No. 4003/2015, dated 23.07.2015, in and by which, the learned Chief Judicial Magistrate, Tirunelveli, has returned the application of the writ petitioner along with the enclosures.
The petitioner has sought for a Certiorarified Mandamus to quash the proceedings, dated 23.07.2015 of the Chief Judicial Magistrate, Tirunelveli, and consequently, to direct the learned Principal District Judge, Tirunelveli District, respondent No. 2, to provide employment assistance, to him, on compassionate grounds.
Material on record discloses that the father of the petitioner was a Office Assistant in Court of Judicial Magistrate No. II, Tirunelveli. Owing to health grounds, on 02.12.2013, he made a representation to the learned Chief Judicial Magistrate, Tirunelveli, through the learned Judicial Magistrate No. II, Tirunelveli, to permit him, to retire from service, on medical grounds.
Responding to the above, vide proceedings dated 20.02.2014, in D. No. 589/2014, the learned Chief Judicial Magistrate, Tirunelveli, has requested the Dean, Government Medical College Hospital, Tirunelveli, to examine the father of the petitioner and to submit a report to the Court, for further action, at an early date. Letter dated 20.02.2014 of the learned Chief Judicial Magistrate, Tirunelveli, is extracted hereunder:-
D. No. 579/2014 Dated 20.02.2014
Sir,
Sub: Public Service - Tamil Nadu Basic Service -Thiru. B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli - Application forwarded - Medical Report - called for - Reg.
Ref: Application of Thiru. B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli.
I am forwarding herewith the application submitted by Thiru. B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli, who has requested for permission to go on retirement on Medical Invalidation ground.
I request that necessary Medical Report may be sent to this Court for further action at any early date.
Yours faithfully, Chief Judicial Magistrate, Tirunelveli."
Pursuant to the above said letter, the Dean, Government Medical College and Hospital, Tirunelveli, has sent a letter dated 03.03.2014 to the father of the writ petitioner, to appear before the Medical Board on 10.03.2015 at 10.00 a.m. Accordingly, he has appeared and the Regional Medical Board, Tirunelveli Medical College Hospital, Tirunelveli, , dated 02.04.2014, submitted a medical report. Accepting the said report, the learned Chief Judicial Magistrate, Tirunelveli, vide proceedings A1. No. 207/2013, D. No. 1263/2014, dated 30.04.2014, permitted B. Ravindranath, Office Assistant, father of the writ petitioner, to retire from service, on medical invalidation with effect from 30.04.2014 A.N. The said proceedings dated 30.04.2014 is extracted hereunder:-
"Proceedings of the Chief Judicial Magistrate, Tirunelveli,
Present: Thiru V. Thangamariappan, M.A., M.L., Chief Judicial Magistrate, Tirunelveli.
A1. No. 207/2013 D. No. 1263/2014, Dated 30.04.2014
Sub: Public Service - Tamil Nadu Basic Service - Thiru B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli - Permitted to retire from service on Medical Invalidation w.e.f. 30.04.2014 A.N. - orders - issued - Reg.
Ref: 1. Application of the individual dated : 02.12.2013
Medical Report of the Regional Board, Tirunelveli Medical College Hospital, Tirunelveli in dated 02.04.2014.
Letter of the Registrar (vigilance), Hon''ble High Court, Madras in Roc. No. 330/2014/VC(A), dated: 15.04.2014
Report of the Judicial Magistrate No. II, Tirunelveli in D. No. 241, dated 02.04.2014.
Report of the Judicial Magistrate No. II, Tirunelveli in D. No. 266/14, dated 30.04.2014.
ORDER:
Thiru. B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli is permitted to retire, from service on medical invalidation w.e.f. 30.04.2014 A.N.
Chief Judicial Magistrate, Tirunelveli."
Thereafter, vide letter, dated 12.05.2014, father of the writ petitioner, has requested the learned Principal District Judge, Tirunelveli, to consider the application dated 02.12.2013 to provide an employment assistance on compassionate grounds. The writ petitioner has also sent a representation, dated 12.05.2014 to the learned Principal District Judge, Tirunelveli, respondent No. 2 in this regard. Finding that the application for employment assistance was not in the prescribed format, the same had been returned on 12.05.2015. Thereafter, application has been re-submitted along with the required documents. After considering the request of the petitioner for employment assistance on compassionate grounds, vide proceedings A. No. 555/2015, dated 16.11.2015 and observing that employment assistance can be extended, only if the Government employees had retired before attaining the age of 53 years and that the father of the writ petitioner, had retired on medical invalidation on 30.04.2014 Afternoon, at the age of 53 years and 15 days, the learned Principal District Judge, Tirunelveli, had raised a doubt how the application is maintainable, seeking appointment on compassionate grounds, and returned the entire file. Proceedings of the learned Principal District Judge, Tirunelveli, dated 16.11.2015, is extracted hereunder:-
"A. No. 555/2015
Principal District Court, Tirunelveli, DATED: 16.11.2015
OFFICIAL MEMORANDUM
Sub: Public Services - TNBS - Thiru. B. Ravindranath, Office Assistant (retired) Judicial Magistrate Court No. II, Tirunelveli - retired from service on 30.04.2014 After Noon on Medical Invalidation Ground - application received - file received - returned - regarding.
Ref: Letter of the Chief Judicial Magistrate, Tirunelveli in D. No. 2767/2015, Dated 04.09.2015 alongwith application and entire file relating to Thiru. B. Ravindranath, Office Assistant (retired) Judicial Magistrate Court No. II, Tirunelveli, Dated 09.03.2015.
The Chief Judicial Magistrate, Tirunelveli is informed that as per the family member of the Retired Employee (Voluntarily Retirement on Medical invalidation) can seek the appointment on compassionate grounds only if the Govt. employees retired before completed 53 years. Hence, the father of applicant V. Ravindranath retired on medical invalidate on 30.04.2014 Afternoon at the age of 53 years and 15 days. Hence, how the application is maintainable seeking appointment on compassionate grounds. Hence, entire file is returned herewith."
(Sd) M. Nazir Ahamed Principal District Judge, Tirunelveli."
Consequently, the learned Chief Judicial Magistrate, Tirunelveli, vide proceedings, A1.R. No. 4003/2015, dated 02.12.2015, has returned the application along with the enclosures to the father of the writ petitioner. Proceedings dated 02.12.2015 of the learned Chief Judicial Magistrate, Tirunelveli, is extracted hereunder:-
"A1.R. No. 4003/2015, dated 23.07.2015
RETURNED:
Application submitted by Thiru. B. Ravindranath, Office Assistant, Judicial Magistrate Court No. II, Tirunelveli, retired from service on Medical Invalidation ground for seeking Employment on compassionate ground to his son Thiru. R. Venkatesh along with its enclosures are returned from the Hon''ble Principal District Court, Tirunelveli, is not maintainable, since he has retired from service on 30.04.2014 A.N. At the age of 53 years and 15 days.
Hence as per the return endorsement of Hon''ble Principal District Judge, Tirunelveli, in A. No. 555/2015, dated 16.11.2015, Application submitted by Thiru. B. Ravindranath along with its enclosures are returned herewith.
Chief Judicial Magistrate, Tirunelveli."
Assailing the correctness of the above said proceedings, dated 16.11.2015, of the learned Principal District Judge, Tirunelveli, and the consequent proceedings of the learned Chief Judicial Magistrate, Tirunelveli, dated 02.12.2015, Mr. A. Sivaji, learned counsel for the petitioner submitted that request to provide employment assistance has been made on 02.12.2013, by the father of the writ petitioner before attaining the age of 53 years, as per the Rules of Tamil Nadu Civil Services (Discipline and Appeal) Rules and the delay of 78 days, caused due to exchange of correspondence, between respondents 2 and 3, ought not to have put against the petitioner. It is also his contention that employment assistance on compassionate grounds, ought to have been considered, in a pragmatic manner, than to deny the same, when delay is attributable, in conducting medical examination by the Regional Medical Board, Tirunelveli Medical College Hospital, Tirunelveli, and exchange of correspondences between respondents 2 and 3.
Per contra, Mr. T.S. Mohamed Mohideen, learned Special Government Pleader appearing for the respondents, submitted that when the application of the father of the writ petitioner, dated 02.12.2013, was considered and when he was actually permitted to retire on medical invalidation on 30.04.2014 (A.N) by the learned Chief Judicial Magistrate, Tirunelveli, his age was 53 years and 15 days, and as per the Rules of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the candidature of the writ petitioner has been rightly rejected. He prayed to sustain the proceedings of the respondent Nos. 2 and 3.
Heard Mr. A. Sivaji, learned counsel for the petitioner and Mr. T.S. Mohameed Mohideen, learned Special Government Pleader for the respondents.
From the material on record extracted supra, it is abundantly clear that the father of the writ petitioner, has made an application to provide employment assistance on 02.12.2013, when he was well within the age of 53 years. At this juncture, it should be noted that date of birth of the father of the writ petitioner is 15.04.1961 and he had attained the age of 53 years, as on 14.04.2014. Though he had submitted an application as on 02.12.2013, nearly after two months, the learned Chief Judicial Magistrate, Tirunelveli, has written a letter dated 20.02.2014, in D. No. 579/2014, to the Dean, Tirunelveli Medical College and Hospital, for medical examination. At this juncture, there is a delay of 80 days. After the receipt of the letter dated 20.02.2014, from the learned Chief Judicial Magistrate, Tirunelveli, the Dean, Tirunelveli Medical College and Hospital, has issued a proceedings, dated 03.03.2014, directing the father of the writ petitioner to appear for medical examination on 10.03.2014. Report of the Regional Medical Board, Tirunelveli Medical College Hospital, is dated 02.04.2014. Here again, there is a delay, in submitting the report by the Dean, Tirunelveli Medical College Hospital. From 10.03.2014 to 02.04.2014, there is a delay of 23 days. From the proceedings dated 30.04.2014, of the learned Chief Judicial Magistrate, Tirunelveli, it could be deduced that after the report of the Regional Medical Board, Tirunelveli Medical College Hospital, dated 02.04.2014, the learned Chief Judicial Magistrate, Tirunelveli, seemed to have obtained the remarks from the Registrar (Vigilance), High Court, Madras, on 15.04.2014, i.e. the next date, on which the father of the writ petitioner had attained the age of 53 years. After the receipt of the report from the Registrar (Vigilance), High Court, Madras, the learned Chief Judicial Magistrate, Tirunelveli, could have very well forwarded the entire cause papers to the learned Principal District Judge, Tirunelveli, for passing appropriate orders on the representation, dated 02.12.2013, submitted by the father of the writ petitioner to provide employment assistance, on compassionate grounds. But, the learned Judicial Magistrate No. II, Tirunelveli, has sent two reports on 22.04.2014 and 30.04.2014, respectively i.e. after the date, on which the father of the writ petitioner, had attained the age of 53 years. Thereafter, the learned Principal District Judge, Tirunelveli, vide proceedings in A. No. 555/2015, dated 16.11.2015, had returned the application along with the enclosures to the learned Chief Judicial Magistrate, Tirunelveli, stating that the father of the applicant had retired on medical invalidation on 30.04.2014 A.N., at the age of 53 years and 15 days and therefore, the application submitted by him is not maintainable. Consequently, the learned Chief Judicial Magistrate, Tirunelveli, vide proceedings A1.R. No. 4003/2015, dated 23.07.2015 (signed on 02.12.2015), has returned the application with the enclosures to the father of the writ petitioner.
From the extract and the discussions stated supra, it is clear that neither the father of the petitioner, nor the writ petitioner had delayed submission of the application, but the delay is, in conducting the medical examination and consequently, acting on the report. Employment assistance is given to the kith and kin of the Government servant, who died in harness or to the ward of a medically invalidated Government servant. In the case on hand, there is absolutely no delay either on the part of the father of the writ petitioner or on the petitioner. For the delay caused in the process of conducting medical examination and thereafter, the petitioner should not be penalised. We are of the considered view that the petitioner should be extended the benefit of employment assistance on compassionate grounds. Both the proceedings, viz., A1.R. No. 4003/2015, dated 23.07.2015, of the learned Chief Judicial Magistrate, Tirunelveli, respondent No. 3 and A. No. 555/2015, dated 16.11.2015 of the Principal District Judge, Tirunelveli, respondent No. 2 are quashed. The learned Principal District Judge, Tirunelveli, respondent No. 2, is directed to consider the case of the petitioner, considering the avowed object, underlined in the scheme and to provide employment assistance to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands allowed. No costs.