Madras High Court
V.Amarnath vs The Joint Director Of Coop. Societies on 12 July, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.29103 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.29103 of 2014
and
M.P.Nos.1 & 2 of 2014
V.Amarnath ...Petitioner
..Vs..
1.The Joint Director of Coop. Societies,
Cuddalore Region, Cuddalore,
Cuddalore District.
2.The Deputy Registrar of Coop. Societies,
Chidambaram Circle, Chidambaram,
Cuddalrore District.
3.The President,
E 2703, Sri Gnana Vinayakar Swamy
Primary Agricultural Co.op Credit Society,
Kattumannarkoil Post & Taluk,
Cuddalore District. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
entire records relating to the impugned order passed by the 2nd
respondent in his proceedings P.Vae.No.25/2012/Tha, dated
08.02.2013 and quash the same and consequently directing the
respondents to appoint the petitioner in any one of the post on the
compassionate ground in the 3rd respondent society.
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W.P.No.29103 of 2014
For Petitioner : Mr.C.Prakasam
For Respondents : Mrs.S.Anitha,
Special Government Pleader
(for R.1 & R.2)
Mr.L.P.Shanmuga Sundaram
(for R.3)
ORDER
The order of rejection rejecting the claim of the writ petitioner seeking compassionate appointment is under challenge in the present writ petition.
2. The father of the writ petitioner was working as salesman in the third respondent / Society and died on 01.02.2001 while he was in service. The mother of the writ petitioner submitted a representation on 13.04.2001 and thereafter on 04.09.2002. However, no action was taken by the third respondent / Society. The petitioner states that he was minor during the relevant point of time, when his father died, thus, he was not eligible for appointment. On attaining age of majority, he submitted an application for providing appointment, in the year 2012. The said application was rejected by stating that the petitioner has not submitted application within three years from the date of death of the employee. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.29103 of 2014
3. The scheme of compassionate appointment is a concession and cannot be claimed as an absolute right. The scheme being violative of Articles 14 and 16 of the Constitution of India must be implemented strictly in accordance with the terms and conditions. The very object of the scheme is to mitigate the circumstances arising on account of the sudden death of an employee. Thus, the scheme is not to provide one appointment to the family of the deceased employee. If eligible members are available and the indigent circumstances are established, then alone the scheme is to be extended but not otherwise.
4. Thus, there is no infirmity in respect of the order impugned and accordingly, the writ petition stands dismissed. No costs. Connected miscellaneous petitions stand closed.
12.07.2022 mrm Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order 3/4 https://www.mhc.tn.gov.in/judis W.P.No.29103 of 2014 S.M.SUBRAMANIAM., J mrm To
1.The Joint Director of Coop. Societies, Cuddalore Region, Cuddalore, Cuddalore District.
2.The Deputy Registrar of Coop. Societies, Chidambaram Circle, Chidambaram, Cuddalrore District.
3.The President, E 2703, Sri Gnana Vinayakar Swamy Primary Agricultural Co.op Credit Society, Kattumannarkoil Post & Taluk, Cuddalore District.
W.P.No.29103 of 2014
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