The High Court dismissed the writ appeal filed by M.Muralidharan against the order rejecting his compassionate appointment. The court held that the petitioner suppressed material facts regarding his employed elder brother and failed to prove he was the sole dependent, endorsing the Single Judge's decision.
The writ appeal was dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2014
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN
W.A.No.1298 of 2014
M.Muralidharan ...Appellant/Petitioner
Vs.
1. The Director of School Education,
College Road,
Chennai-600 006.
2. The District Educational Officer,
Tirupattur,
Vellore District. ...Respondents/Respondents
This writ appeal is preferred under Clause 15 of Letters Patent against the order dated 16.08.2011 made in W.P.No.4586 of 2011 presented under under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified mandamus, to call for the records of the Second respondent in his proceedings in O.Mu.No.6396/A4/2007 dated 06.05.2010 and quash the same and consequently direct the respondents to appoint the petitioner and to pass such further or other orders as may deem fit and proper in the circumstances of the case.
The appellant, who was the writ petitioner, questions the legality and validity of the order dated 6.5.2010 passed by the second respondent, whereby the request of the petitioner for grant of compassionate appointment, was rejected on the ground that one son of the deceased employee, namely, Mr.Rameshbabu was already in employment and no material has been produced to establish that he was living separately and not taking care of the family of the deceased
employee. It was also found that his sister was also married.
3 issues framed by the court
Whether the refusal of compassionate appointment when an elder son was in employment and facts were suppressed was legal.
Whether the High Court should allow the writ appeal against the Single Judge's order dismissing the writ petition.
Whether the petitioner failed to establish that he and his mother were the sole dependents of the deceased employee.
2 provisions across 2 enactments
M.Muralidharan
The Director of School Education
The District Educational Officer
Satish K. Agnihotri
K.K. Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
