Madras High Court
A.Karthick vs The Government Of Tamil Nadu on 18 March, 2015
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2015 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.84 of 2013 A.Karthick ... Petitioner Vs. 1.The Government of Tamil Nadu, Rep.by its Secretary to Government, Public Works Department, Secretariat, Chennai-600 009. 2.The Chief Engineer, PWD/WRO, Periyar Vaigai Basin Division, Tallakulam, Madurai-625 002. 3.The Superintending Engineer, PWD/WRO, Periyar Vaigai Basin Division, Madurai-625 002. 4.The Executive Engineer, PWD/WRO, Periyar Main Canal Division, Melur, Madurai-625 002. 5.The Assistant Executive Engineer, PWD/WRO, Periyar Main Canal Sub-Division No.2, Madurai-2. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the Letter No.962/E.1/Ko.40/2010 dated 14.07.2010 issued by the fourth respondent and quash the same and consequently direct the respondents to appoint the petitioner as Driver on compassionate grounds and pass orders as this Court may deem fit and proper. !For Petitioner :Mr.R.M.Makesh Kumaravel ^For Respondents :Mr.K.P.Krishnadoss Govt.Advocate. :ORDER
Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
2. The petitioner is aggrieved against the order of the fourth respondent dated 14.07.2010, rejecting the application of the petitioner seeking for compassionate appointment, on the ground that such application was made belatedly after seven years from the date of the death of the petitioner's father.
3. It is seen that the petitioner's father was working as Irrigation Engineer under the fifth respondent and died on 04.09.2002 while he was in service. It is stated that the petitioner was a minor and he was 12 years at the time of the death of his father. It is also seen that there was a ban for the appointment between November 2001 to February 2006. It is further stated that the petitioner attained majority on 22.07.2008 and made an application seeking for compassionate appointment on 27.07.2009, which was returned for effecting certain compliance. Therefore, the petitioner's mother represented the application on 17.09.2009. The said application was rejected by the impugned order stating that the same has been filed after seven years from the date of death of the deceased employee.
4. A counter affidavit has been filed in support of the impugned order.
5. It is not in dispute that the petitioner was admittedly a minor at the time of the death of his father. Therefore, he made a representation on 27.07.2009, after attaining the majority. In my considered view, such application filed by the petitioner on attaining the majority, cannot be treated as belated application as the petitioner being a minor at the time of death of his father, cannot apply seeking for compassionate appointment within three years from the date of such death. Therefore, the petitioner made an application immediately after attaining the age of majority and such application ought to have been considered by the fourth respondent on merits instead of rejecting it on the reason that the same is belated one.
6. Accordingly, this Writ Petition is allowed and the impugned order is set aside and the matter is remitted back to the fourth respondent to consider the claim of the petitioner seeking for compassionate appointment and pass orders on the same on merits and in accordance with law if the petitioner is otherwise qualified to the post of Driver. Such exercise shall be done by the fourth respondent within a period of eight weeks thereafter. No costs.
18.03.2015 Index :Yes/No Internet :Yes/No gsr TO
1.The Secretary to Government, Public Works Department, Secretariat, Chennai-600 009.
2.The Chief Engineer, PWD/WRO, Periyar Vaigai Basin Division, Tallakulam, Madurai-625 002.
3.The Superintending Engineer, PWD/WRO, Periyar Vaigai Basin Division, Madurai-625 002.
4.The Executive Engineer, PWD/WRO, Periyar Main Canal Division, Melur,Madurai-625 002.
5.The Assistant Executive Engineer, PWD/WRO, Periyar Main Canal Sub-Division No.2, Madurai-2.
K.RAVICHANDRABAABU,J gsr W.P.(MD)No.84 of 2013 18.03.2015