This intra-court appeal dismissed an applicant's challenge to the dismissal of a writ petition seeking compassionate appointment due to alleged procedural flaws. The Court held that compassionate appointments are not meant to reserve posts indefinitely for minors and dismissed the appeal against the rejection based on delay.
No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2019
CORUM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA
Writ Appeal No.1497 of 2019
R.Maruthi Kumar .... Appellant
Vs
1. The Commissioner
Greater Chennai Corporation,
Rippon Building, Chennai – 600 003.
2. The Zonal Officer,
Greater Chennai Corporation,
Zone – 8, No.36-B Pulla Avenue,
Shenoy Nagar, Chennai – 600 030.
3. The Secretary to Government,
Municipal Administration,
Water Supply Department,
Fort St. George, Chennai – 600 009.
.... Respondents
APPEAL filed under Clause 15 of the Letters Patent to set aside the order passed by this Honble Court made in WP.No.16720 of 2018 dated 04.03.2019.
WP.No.16720 of 2018:-
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records and quash the impugned orders Ma.Aa.8 Na.Ka.No.C2/4461/2016 dated 22.11.2016 and Ma.Aa.8 Na.Ka.No.C2/4461/2016 dated 28.03.2017 issued by the 2nd respondent rejecting petitioners application and consequently direct the respondents to appoint the petitioner on compassionate Ground.
For Appellant : Mr.N.Beulah John Selvaraj For Respondents: Mrs.Karthika Ashok – R1 & R2 Mrs.A.Sri Jayanthi, Spl.G.P. - R3
J U D G M E N T
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,)
The Writ Petition filed by the appellant seeking compassionate appointment after quashing the order passed by the Corporation of Chennai dated 28.03.2017 was dismissed by the learned single Judge. Feeling aggrieved the appellant has come up with this intra Court appeal.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
sl
To
+1cc to Mr.N.Beulah John Selvaraj, Advocate, S.R.No.46859 +1cc to Mrs.Karthika Ashok, Advocate, S.R.No.46781 +1cc to the Government Pleader, S.R.No.47525
Writ Appeal No.1497 of 2019
VSNII(CO)
CS/24/07/2019
3 issues framed by the court
Whether compassionate appointment can be granted to a major before whom the application is filed after a long delay from the date of the employee's death.
Whether the High Court's earlier dismissal of the writ petition regarding quota and delay limit is to be set aside on appeal.
Whether the concept of compassionate appointment should reserve a post indefinitely for a minor or the legal heir had to apply promptly after attaining majority.
2 provisions across 2 enactments
R.Maruthi Kumar
The Commissioner, Greater Chennai Corporation
The Zonal Officer, Greater Chennai Corporation
The Secretary to Government, Municipal Administration
K.K.SASIDHARAN
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
