The Court dismissed the writ petition seeking compassionate permanent appointment. It held that the petitioner, engaged as a daily wage employee for fourteen years after the death of his father, had neutralized the penurious circumstances necessitating the scheme. No further relief was granted.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :27.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.586 of 2014
M.Hari Govindan .. Petitioner vs The Managing Director, Vellore Cooperative Sugar Mills Limited, Ammundi, Vellore Sugar Mills Post, Pin Code-632 519, Vellore District. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records which culminated in issuing the order in Letter Rc.No.581/2013/A1 dated 17.07.2013 on the file of the respondent, quash the same and consequently directing the respondent to appoint the petitioner in any suitable post on compassionate grounds in the respondent Sugar Mill.
For Petitioner : Mr.S.Mani For Respondents : Mr.R.Gophinath
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O R D E R
An order of rejection dated 17.07.2013, in respect of the claim of
the writ petitioner for compassionate appointment is under challenge in this writ petition.
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from the date of death of the deceased employee, the scheme of compassionate appointment cannot be provided to the writ petitioner.
the writ petitioner passed away on 31.10.2001 and the writ petitioner was appointed as daily wage employee in the year 2003 and continuing in that capacity till today. Thus, the indigent circumstances aroused on account of the sudden demise of the father of the writ petitioner was considered by the respondent and he was engaged as daily wage employee and now after a lapse of about sixteen years from the date of death of the deceased employee, this Court cannot consider the same for issuing any direction to grant permanent appointment to the writ petitioner. It is left open to the writ petitioner to participate in the open competitive process and secure permanent employment, in accordance with the recruitment rules in force.
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winner of the family was neutralized. Thus, any further appointment or development of the carrier of the person to be secured only on merits and in accordance with the rules in force. This being the concept and legal principles to be followed.
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S.M.SUBRAMANIAM.,J
sk
W.P.No.586 of 2014
27.10.2017
1 issue framed by the court
Whether a competent court can direct a respondent to appoint the petitioner permanently on compassionate grounds when a petition for such appointment was rejected due to the lapse of sixteen years sin
M. Hari Govindan
Managing Director, Vellore Cooperative Sugar Mills Limited
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
