Appeal against order rejecting compassionate appointment for a police in-service death survivor because the elder son was already a Government employee. Dismissed.
Writ Appeal failed and dismissed with 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.
W.A(MD)No.1550 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2021 CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
W.A(MD)No.1550 of 2021
1.K.Chellammal
2.Karna Kumar ... Appellants/ Petitioner
O/o District Police Office,
Theni District, Theni.
2.The Inspector of Police,
Gudalur, Theni District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 09.07.2021 made in W.P(MD)No.8688 of 2021 on the file of this Court.
Prayer in WP(MD). 8688/ 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus or any other writ or direction in the nature of writ, calling for the records, relating with the order of the 1st respondent made in Na.Ka.No.A4/173/3294/2014, dated 08.09.2020 and quash the same as it is arbitrary and illegal and in consequence to direct the 1st respondent to give the compassionate appointment to the 2nd petitioner.
For Appellant : Mr.R.Suriya Narayanan For Respondents : Mr.P.Thilakkumar
Standing Counsel for Government *****
JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN,J. )
The writ appeal has been filed against the order of dismissal made W.P.(MD)No.8688 of 2021, dated 09.07.2021, filed by the appellants, challenging the order of rejection dated 08.09.2020, by which, the appellants' request for compassionate appointment for the second appellant, was rejected by the authority.
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W.A(MD)No.1550 of 2021
Therefore, the first appellant made an application on 18.11.2010 for compassionate appointment to the second appellant, who is her younger son. Subsequently, another representation was given on 02.12.2013. The second appellant also made an application on 15.07.2014 along with necessary documents. However, the first respondent, by virtue of an order dated 08.09.2020, rejected the appellants' claim for compassionate appointment, on the ground that the first appellant's elder son is already employed as a Constable in the Government service. The said order has been challenged before the learned Single Judge.
// True Copy //
SSL
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W.A(MD)No.1550 of 2021
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Superintendent of Police, O/o District Police Office, Theni District, Theni.
2.The Inspector of Police, Gudalur, Theni District.
+1 CC to M/s.GP ( SR-25784[F] dated 10/08/2021 )
W.A(MD)No.1550 of 2021 09.08.2021
RD(17.08.2021) 3P 4C
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2 issues framed by the court
Whether the rejection of compassionate appointment ground that the deceased's son was already employed in Government service is legally sustainable.?
Whether lack of specific reasons in the impugned order vitiates the decision to reject the compassionate appointment petition?
2 provisions across 2 enactments
K.Chellammal
Karna Kumar
The Superintendent of Police, Theni District
The Inspector of Police, Gudalur
N.KIRUBAKARAN
M.DURAISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
