Petitioner, whose father died when he was a minor, challenged his rejection for compassionate appointment due to delay. Relying on Division Benches ruling that the three-year limit runs from the date of death, the court dismissed the writ petition.
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.P.No.363 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No.363 of 2019
C.Balasubramaniyan
... Petitioner
Vs.
The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Street, Nungambakkam, Chennai - 600 034.
... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records in pursuant to the rejection order issued by the respondent vide his proceedings in Sae.Mu.Na.Ka.No.6654/2017/B.3 dated 06.07.2017 and quash the same with a consequential direction to the respondent to appoint the petitioner in their department on compassionate grounds within a stipulated time.
For Petitioner : Ms.Sriranjini for Mr.T.P.Prabakaran For Respondent : Mr.S.Yashwanth Additional Government Pleader (HR & CE)
W.P.No.363 of 2019
ORDER
The petitioner has filed this writ petition to quash the proceedings rejecting his application for compassionate appointment.
W.P.No.363 of 2019
about eight years when his father died. The petitioner was born on 24.11.1989 and he was not eligible for appointment on compassionate grounds, within a period of three years from the date of death of his father. Even otherwise, the petitioner completed +2 (HSC) in 2008, but his application for compassionate appointment was made only in 2017 after a lapse of ten years.
W.P.No.363 of 2019
W.A(MD)No.682 of 2022 dated 08.07.2022, the relevant criteria is that the three years period should be reckoned from the date of death and not from the date when the minor attaining the age of majority.
of this Court, the petitioner is not entitled to any relief. Consequently, this Writ Petition is dismissed. No costs.
15.06.2023
Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order Neutral Citation : Yes / No arb
To
The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Street,
W.P.No.363 of 2019
Nungambakkam, Chennai - 600 034.
P.B.BALAJI, J.
arb
W.P.No.363 of 2019
W.P.No.363 of 2019
15.06.2023
2 issues framed by the court
Whether an application for compassionate appointment made beyond three years from the date of death, even if the applicant was a minor at the time of death, is maintainable?
Whether the three-year limitation period for compelling compassionate appointment reckons from the date of the deceased parent's death or from the date the minor child attains majority?
Colour shows how this judgement treated each authority
W.A(MD)No.682 of 2022 dated 08.07.2022Followed¶28
C.Balasubramaniyan
The Commissioner, Hindu Religious and Charitable Endowment Department
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
