Petitioner sought compassionate appointment in place of his father, a teacher who died in harness, challenging rejection orders. The court found he furnished no material, not even an acknowledgment, proving his alleged 16.12.2001 application and dismissed the writ petition.
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W.P.No.30034 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2024
CORAM :
THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.P.No.30034 of 2012
P. Pooventhiran
Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the
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records pertaining to the proceedings dated 03.09.2012 made in Na.Ka.No.3161/A1/2012 on the file of the 3rd respondent and proceedings dated dated 29.08.2012 made in Na.Ka.No.944/A1/2012 on the file of the 4th respondent and quash the same and consequently direct the respondents to appoint the petitioner on compassionate ground in the place of his father late K.S.Periyathambi who died in harness on 10.12.2000 by considering his application dated 16.12.2001, 06.11.2007 and 26.04.2012.
For Petitioner : Mr.N.Manokaran For Respondents : Mrs.P.Vijaya Devi Government Advocate
O R D E R
This writ petition has been filed to call for the records pertaining to the proceedings dated 03.09.2012 made in Na.Ka.No.3161/A1/2012 on the file of
the 3rd respondent and proceedings dated dated 29.08.2012 made in Na.Ka.No.944/A1/2012 on the file of the 4th respondent and quash the same and consequently direct the respondents to appoint the petitioner on compassionate ground in the place of his father late K.S.Periyathambi who died in harness on 10.12.2000 by considering his application dated 16.12.2001, 06.11.2007 and 26.04.2012.
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W.P.No.18748 of 2012 in which this Court has passed an order dated 19.07.2012 by directing the 4th respondent to consider the application submitted by the petitioner on 16.12.2001 on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of the order. In compliance to the direction of this Court the 4th respondent has passed an order dated on 29.08.2012 stating that there is no such application dated 16.12.2001 submitted by the petitioner and pending before the 3rd respondent and thereby rejected his request. The said order is under challenge in the present writ petition.
“7. It is submitted that based on the orders of this Hon'ble Court, the third respondent has passed orders vide R.C.No.3161/A1/2012 dated 03.09.2012. Followed by the order of the third respondent, the fourth respondent also passed an order in R.C.No.944/A1/2012 dated 29.08.2012. (Copy enclosed). It is further submitted that in the order of the fourth respondent, it was clearly mentioned that the writ petitioner has not submitted any applications in the year 2001.”
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there is no application dated 16.12.2001 submitted by the petitioner for appointment on compassionate ground, there is no iota of material placed before this Court by the petitioner. In other words, the petitioner has not substantiated his case by furnishing before this Court, even a copy of the acknowledgment for having made his application dated 16.12.2001.
cannot be entertained by this Court and accordingly, the writ petition stands
dismissed. No costs.
11.01.2024 dpq Index : Yes/No Speaking Order : Yes/No
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To:
J. SATHYA NARAYANA PRASAD, J.
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dpq
W.P. No.30034 of 2012
11.01.2024
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2 issues framed by the court
Whether the petitioner was entitled to compassionate appointment in place of his father who died in harness despite the alleged ban on such appointments.
Whether the petitioner substantiated that he had submitted an application for compassionate appointment dated 16.12.2001.
3 provisions across 3 enactments
P. Pooventhiran
The State of Tamil Nadu Rep.by the Secretary to Government, Labour & Employment Department, Secretariat, Chennai 600 009
The Director of Elementary Education College Road, Chennai 600 006
The District Educational Officer, Gobichettipalayam, Erode District, Erode
The Assistant Elementary Educational Officer, Thookkanaickenpalayam, Gobichettipalayam Taluk, Erode District
J. Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
