The High Court dismissed a writ petition seeking compassionate appointment. The court held that the petitioner's delay of over 10 years precluded relief in light of Supreme Court guidelines requiring applications to be filed without undue delay.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2015
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN WRIT PETITION (MD) No.1091 of 2015 P.Thangamani ...Petitioner
-vs-
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ in the nature of Mandamus, directing the respondents to consider the petitioner's case for appointment in any suitable post based on his qualification under compassionate ground based on his representation dated 30.06.2003 within the time stipulated by the High Court.
For Petitioner : Mr.G.Thalaimutharasu For R1 : Mr.Anandraj Govt. Advocate For R2 & R3 : Mr.A.P.Muthupandian *****
O R D E R
The petitioner has come forward with this writ petition, seeking a direction to the respondents to consider his case for appointment in any suitable post based on his qualification under compassionate ground on the basis of his representation dated 30.06.2003.
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wherein the Hon'ble Apex Court, while framing some guidelines for compassionate appointment, has held that an application for compassionate employment must be preferred without undue delay and the application filed in time has to be considered within a reasonable period of time.
and no case is also made out by the petitioner to grant such relief. Under such circumstances, this writ petition lacks merits acceptance and hence, the same is dismissed on the ground of delay and laches. No costs. Sd/-
Assistant Registrar (AS)
/True copy/
Sub Assistant Registrar
To:
+1cc to Mr.G.Thalaimutharasu, Advocate in SR.20729 +1cc to Mr.A.P.Muthupandian, Advocate in SR.21267 +1cc to the Special Government Pleader in SR.20755
WRIT PETITION (MD) No.1091 of 2015 21.04.2015
ar pbk 11/05/2015 ::2p-7c:
1 issue framed by the court
Whether a petition for compassionate appointment can be granted when filed after a delay of more than 10 years.
Colour shows how this judgement treated each authority
Bhawani Prasad Sonkar vs. Union of IndiaFollowed¶15
2011 (3) LLN 37 (SC)
P.Thangamani
The State of Tamil Nadu
Tamil Nadu State Transport Corporation (Madurai Limited)
Tamil Nadu State Transport Corporation (Madurai Limited) Dindigul Region
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
