Petitioner sought compassionate appointment on the death of his mother, a Hospital Servant at Government General Hospital, Chennai. The court held that his application was time barred under the three-year rule and his brother was already employed, so he was not entitled to consideration.
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W.P.No.29744 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
W.P.No.29744 of 2012
V.Prasad Karunakaran ... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the third respondent in Na.Ka.No.08042/Ni.4(1)/2012 dated .05.2012 and quash the same and direct the respondents to appoint the petitioner in any suitable post commensurate with his qualification.
For Petitioner : Mr.P.Rajendran
For Respondents : Mr.E.Sundaram Government Advocate
W.P.No.29744 of 2012
ORDER
The order of the 3rd respondent in Na.Ka.No.08042/Ni.4(1)/2012 dated .05.2012 is under challenge.
mother Tmt.Rose Mary was working as Hospital Servant at the Government General Hospital, Chennai, died on 26.08.1989 while she was in service leaving behind her husband, two sons and two daughters inclusive of the petitioner who is the last son of the deceased Rose Mary. Immediately after the death of his mother, he submitted an application to the Dean of Government General Hospital, Chennai for appointment on compassionate ground in a suitable vacancy. His application stood rejected on 23.09.1993 stating that his brother Mr.Johnson Santhakumar was working as Malaria worker at the Corporation of Chennai. The petitioner would further submit that his brother has already married and living separately and did not receive any support from him. As his family is in indigent circumstances, he submitted his representation on 18.03.1994 requesting to reconsider his matter.
W.P.No.29744 of 2012
W.P.No.29744 of 2012
the date of death of his mother and his elder brother is employed in the Corporation of Chennai as Malaria Worker. Therefore, viewed in any angle, the petitioner is not entitled for consideration as mentioned supra.
merits. No costs.
11.06.2024
ssn
W.P.No.29744 of 2012
To
R.KALAIMATHI, J.,
ssn
W.P.No.29744 of 2012
W.P.No.29744 of 2012
11.06.2024
1 issue framed by the court
Whether the petitioner was entitled to compassionate appointment despite his application being made beyond three years of the employee's death and his brother being employed.
1 provisions across 1 enactments
V.Prasad Karunakaran
The Government of Tamil Nadu (rep.by the Secretary, Health and Family Welfare Department)
The Director of Medical Education
The Dean, Rajiv Gandhi Government General Hospital
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
