Dismissed

P. Arunachalam v. the District Collector

Madras HC13 Mar 2014WA(MD)/408/2014

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court dismissed a writ appeal challenging an order that rejected a petition seeking compassionate appointment. The court upheld the rejection based on significant delays in applying after the death of the father and after the appellant attained majority. No costs awarded.

What did the court decide?

The writ appeal was dismissed. No costs are awarded to the appellant.

P. Arunachalam Vs the District Collector — Pension and Retirement Benefits | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2014 CORAM :

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THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN

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and

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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Writ Appeal (MD) No.408 of 2014 against WP[MD]No.13691/2013

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P.Arunachalam ... Appellant/Petitioner

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Vs.

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The District Collector, Collectorate, Virudhunagar ... Respondent/Respondent

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Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 06.12.2013 made on the file of this Court.

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Prayer in W.P.(MD)No.13691 of 2013: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order No.tha.pa.a6/230/2008, dated 18.10.2012 issued by the respondent, and to quash the same, and to further direct the respondent to give suitable appointment to the petitioner commensurate with his age and qualification on compassionate ground.

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For Appellant : Mr.M.V.Venkataseshan For Respondent : Mr.A.K.Baskarapandian, Special Government Pleader.

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JUDGMENT

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(Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J. )

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The appellant has come up with the writ appeal, challenging an order of the learned Judge dismissing the writ petition seeking compassionate appointment.

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2.Heard, Mr.M.V.Venkataseshan, learned counsel for the

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appellant.

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3.The appellant's father was employed as a Village Headman (Thalaiyari). He died in harness on 12.09.1996. According to the appellant, his mother made a representation in 2005. It was kept on hold on the ground that there were no vacancies. Subsequently, the appellant made a request in the year 2008, but the same was rejected in 2012. Therefore, the appellant filed a writ petition. But finding that the application was not made within the time prescribed by the Government Orders, learned Judge dismissed the writ petition, forcing the writ petitioner to come up with the above appeal. https://hcservices.ecourts.gov.in/hcservices/

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4.There is no dispute about the date of death of the appellant's father. The appellant's father died on 12.09.1996. The appellant's mother herself claims to have made an application for appointment on compassionate grounds only in 2005. In other words, she made an application only after 9 years of the death of her husband. Therefore, she became is dis-entitled to make a claim.

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5.The appellant was a minor aged 12 years at the time of death of his father. But he attained majority in 2002. Therefore, he could have made an application at least within three years of attaining majority. But he did not so. He filed an application only after six years of attaining majority. Therefore, the learned Judge was right in rejecting the writ petition. Hence, the writ appeal is dismissed. No costs.

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sms

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Sd/Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar

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To The District Collector, Collectorate, Virudhunagar.

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+1cc to Mr.M.V.Venkataseshan, Advocate SR.No.15649.

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Writ Appeal (MD) No.408 of 2014 dated:13.03.2014

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2P/3C RPB 26.03.2014

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https://hcservices.ecourts.gov.in/hcservices/

P. Arunachalam v. the District Collector

Case brief

What is this about?

What did the court decide?

P. Arunachalam v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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