Writ petition filed for compassionate appointment for father's death. Court held it is not a recruiting agency, citing lapse in time and prior request for child labour. Dismissed petition.
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A.Ninaiva
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2015 CORAM: THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.11964 of 2015 and M.P.(MD)No.1 of 2015
... Petitioner
Vs.
... Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.Ka.No.LL2/12596/14, dated 14.05.2015 on the file of the 2nd respondent and impugned proceedings in Na.Ka.No. 3286/2014 P1, dated 02.05.2014 on the file of the 3rd respondent, quash the same and consequently, direct the respondents to provide the compassionate appointment in any other suitable post to the petitioner.
For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.K.P.Krishnadoss, G.A.
O R D E R
The Writ petition has filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.Ka.No.LL2/12596/14, dated 14.05.2015 passed by the 2nd respondent and impugned proceedings in Na.Ka.No. 3286/2014 P1, dated 02.05.2014 passed by the 3rd respondent, quash the same and consequently, direct the respondents to provide the compassionate appointment in any other suitable post to the petitioner.
2.The case of the petitioner is that his father, who was working as a temporary Social Forestry Worker in Forest Department, died due to heart ailment on 12.10.2004. At that time, the petitioner was a minor, aged about 15 years. The petitioner's mother sent a representations on 19.10.2005 and 31.03.2006, seeking compassionate appointment for her minor son. After attaining majority, on 11.04.2014, the petitioner sent a representation to the 1st respondent, seeking employment on compassionate ground. However, respondents 2 and 3 have rejected the https://hcservices.ecourts.gov.in/hcservices/ request of the petitioner. Hence, the petitioner is before this Court with the present Writ petition.
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5.This Court is not a recruiting agency to appoint persons on compassionate ground. Hence, I find no merits in this Writ petition. Accordingly, the Writ petition is dismissed. No costs. Consequently, connected M.P.is closed.
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
To
+1cc to Special Government Pleader SR.No.38861
W.P.(MD)No.11964 of 2015
14.07.2015
nbj
ns/10.08.2015 : 2p/5c
3 issues framed by the court
Whether the High Court can direct compassionate appointment after a long lapse of time and initial request for child labour.
Whether the petitioner satisfied the necessity requirement for compassionate appointment.
Whether the Court has power to interfere with the departmental decision to reject the appointment petition.
1 provisions across 1 enactments
A. Ninaiva
Secretary to Government, Environment and Forest Department
Principal Chief Conservator of Forests
District Forest Officer, Theni
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
