Petitioner sought wrongful dismissal of compassionate appointment appeal. Court directed First Respondent to dispose of pending appeal on merits within eight weeks, quashing the need to quash prior order.
Directing the First Respondent to dispose of the pending appeal on merits within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No.34925 of 2016
and
W.M.P.No. 30067 of 2016
L.Purushothaman ... Petitioner
Vs.
rep. by Secretary to Government
Chennai – 600 009.
Chennai – 600 006.
Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified Mandamus to call for the records of the 2nd respondent herein in Pro.Na.Ka.No. 93988/J1/2012 dated 29.12.2012, to quash the same and issue consequential directions to the respondents to appoint the petitioner on compassionate grounds, in any suitable post commensurate with his education, qualification, by granting relaxation, if necessary consequent on the death of Mr.M.Lakshmikanthan, Headmaster, Panchayat Union Elementary School, Rajathope, Keelpenathur Union, Tiruvanamalai District.
For Petitioner : Mr.V.Thirupathi For Respondents : Mr.S.Gunasekaran Additional Government Pleader
O R D E R
By consent, the main writ petition itself is taken up for final disposal.
2.The writ petition has been filed seeking Certiorarified Mandamus to call for the records of the 2nd respondent in Pro.Na.Ka.No.93988/J1/2012 dated 29.12.2012 and quash the same and issue consequential directions to the respondents to appoint the petitioner on compassionate grounds, in any suitable post commensurate with his education qualification, by granting relaxation, if necessary consequent to the death of his father, Thiru M.Lakshmikanthan, who was working as a Headmaster, Panchayat Union Elementary School, Rajathope, Keelpenathur Union, Tiruvannamalai District.
petitioner, on compassionate grounds, can not be entertained, since his elder brother Thiru L.Venkatesan, is gainfully employed as Secondary Grade Teacher in Panchayat Union Elementary School.
Sd/Assistant Registrar(J)
//True Copy//
mrp
To
1. The Secretary to Government
Government of Tamilnadu
School Education Department,
Secretariate,
Chennai – 600 009.
2. The Director of School Education,
College Road,
Nungambakkam,
Chennai – 600 006.
3. The District Educational Officer,
Tiruvanamalai,
Tiruvanamalai District.
4. The District Elementary Educational Officer,
Tiruvanamalai,
Tiruvanamalai District.
5. The Assistant Elementary Educational Officer,
Keelpenathur,
Thiruvanamalai District.
+1cc to Mr.V.Thirupathi, Advocate, S.R.No.56741
+1cc to the Government Pleader, S.R.No.57185
W.P.No.34925 of 2016
CA(CO)
CA(21/11/2016)
1 issue framed by the court
Whether the petitioner is entitled to appointment on compassionate grounds despite an older brother being employed, given that the brother lives separately and does not assist the family.
1 provisions across 1 enactments
L.Purushothaman
Government of Tamilnadu
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
