The High Court dismissed a writ appeal filed against the rejection of a compassionate appointment claim. The Court held that the five-year delay was unexplained and the pandemic lockdown could not justify it.
The writ appeal fails and is dismissed. 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.1494 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1494 of 2024
A.K.SakthiPriya ... Appellant/Writ petitioner
-vs-
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order
dated 12.06.2024 made in W.P(MD)No.4810 of 2024.
For Appellant : Mr.R.Murugan For R-1 : Mr.K.Govindarajan, Deputy Solicitor General of India For R-1 & R-3 : Mr.Parekh Kumar, Standing Counsel
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W.A(MD)No.1494 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Being aggrieved by the order of the Writ Court, dated 12.09.2024 made in W.P(MD)No.4810 of 2024, the appellant/writ petitioner has filed this writ appeal.
2. The writ petition has been dismissed mainly on the ground of delay. The order rejecting the claim of the appellant for compassionate appointment was made on 24.03.2017. The appellant/writ petitioner has approached this Court only in the year 2024. The lock down due to pandemic is sought to be the ground for the delay. The order was passed three years before the lock down imposed and the writ petition came to be filed two years thereafter. Thus, there is a delay of five years which goes unexplained. Hence, we do not think that we can entertain this writ appeal. The writ appeal fails and it is accordingly dismissed. No Costs.
[R.S.M., J.] [L.V.G., J.]
29.08.2027
NCC :Yes/No Index :Yes/No Internet:Yes PM
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W.A(MD)No.1494 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
pm
W.A(MD)No.1494 of 2024
29.08.2024
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2 issues framed by the court
Whether the writ appeal filed against the dismissal of the compassionate appointment petition should be entertained despite a delay of five years.
Whether the lock down due to pandemic can excuse the delay in filing the petition.
A.K. SakthiPriya
Union Ministry of State-Finance, Government of India
Principal Chief Commissioner of Income Tax
Joint Commissioner of Income Tax
R.Subramanian
L.Victoria Gowni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
