W.P.No.24847 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.24847 of 2022
S.Abhishek …. Petitioner
-Vs-
1.The Commissioner of Commercial Taxes
Chepauk, Chennai 600 005.
2.The Joint Commissioner of Commercial Taxes
(State Tax) Vellore Zone, Vellore.
3.The State Tax Officer
Polur, Tiruvannamalai District. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to the impugned proceeding No. Y-3/ 2524155/ 2022- 1 dated
01.09.2022 of the 1st Respondent quash the same and consequently direct the
respondents to appoint the petitioner in an eligible post under compassionate
ground within a reasonable period to be fixed by this Honble court.
For Petitioner : Mr.D.R.Arun Kumar
For Respondents : Mrs.K.Vasanthamala,
Government Advocate
ORDER
The prayer sought for herein is for a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceeding No. Y-3/ 2524155/ 2022- 1 dated 01.09.2022 of the 1st Respondent quash the same and 1/4 https://www.mhc.tn.gov.in/judis W.P.No.24847 of 2022 consequently direct the respondents to appoint the petitioner in an eligible post under compassionate ground within a reasonable period to be fixed by this Court.
2. The petitioner sought for compassionate appointment with the respondent Department as the petitioner's mother one C.Gejalakshmi who died in harness while she was working at the respondent Department. The said application submitted by the petitioner dated 25.05.2022 has been rejected through the impugned order dated 01.09.2022. Challenging the same the present writ petition has been filed.
3. Heard Mr.D.R.Arun Kumar learned counsel for the petitioner and Mrs.K.Vasanthamala, learned Government Advocate for the respondents.
4. In the impugned order, only the following has been stated.
“ghh;itapy; fhqk; j';fsJ tpz;zg;g kD ghprPypf;fg;gl;ljpy; murhiz vz; 18. bjhHpyhsh; kw;Wk; ntiy tha;g;g[j; (f;a[ 1) Jiw. ehs; 23/01/2020 y; tH';fg;gl;Ls;s tHpfhl;Ljypd;goa[k; kw;Wk;
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2/4
https://www.mhc.tn.gov.in/judis
W.P.No.24847 of 2022
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5. On a perusal of the impugned order, this Court finds on what basis and on what lacking the petitioner's application was rejected or not possible for compliance has not at all been specifically stated. It simply says that as per the guidelines given in G.O.No.18 dated 23.01.2020 in force as well as the judgment given by this Court in the writ petition the application of the petitioner has been rejected. If many guidelines are provided in G.O.No.18 Labour and Employment Department dated 23.01.2020, under which guideline the petitioner is lacking and even the details of the writ petition has also not been stated in the impugned order.
6. Therefore, this kind of cryptic order without actually stating what is the reason for the application submitted by the candidate seeking compassionate appointment is rejected cannot be passed by the respondents, which is nothing but arbitrary exercise of power at the hands of the respondents. Hence, this Court is inclined to set aside the impugned order. Accordingly the impugned order dated 01.09.2022 is set aside and the matter is remitted back to the 3/4 https://www.mhc.tn.gov.in/judis W.P.No.24847 of 2022 R. SURESH KUMAR, J.
KST respondents for reconsideration and after re-considering the application submitted by the petitioner a detailed-cum-reasoned order shall be passed by the respondents on the said application seeking compassionate appointment within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs.
15.09.2022 Index : Yes/No Internet : Yes/No KST To
1.The Commissioner of Commercial Taxes Chepauk, Chennai 600 005.
2.The Joint Commissioner of Commercial Taxes (State Tax) Vellore Zone, Vellore.
3.The State Tax Officer Polur, Tiruvannamalai District.
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