Madras High Court
A.Jeyanthi vs The Government Of Tamilnadu on 5 August, 2021
W.A.(MD)No.1532 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1532 of 2021
and
C.M.P.(MD)No.6303 of 2021
A.Jeyanthi ... Appellant
Vs.
1.The Government of Tamilnadu,
represented by the Secretary to Government,
Home Department, Secretariat,
Chennai-9.
2.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungambakkam,
Chennai-34.
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Deputy Commissioner/Executive Officer,
Incorporated and Un-incorporated Devaswoms,
Suchindram Thanmumalayam Koil,
Suchindram,
Kanyakumari District. ... Respondents
PRAYER: Appeal filed under Clause 15 of Letters Patent against the order
passed by this Court in W.P.(MD)No.6855 of 2021, dated 26.03.2021, on the
file of this Court.
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD)No.1532 of 2021
For Appellant : Mr.S.Ramasamy
For Respondents : Mr.B.Saravanan
Government Advocate
for R.1 to R.3
: Mr.B.Sathiya Singh
Standing Counsel for R.4
*****
JUDGMENT
(Judgment of this Court was made by M.DURAISWAMY,J.)
Challenging the order passed in W.P.(MD)No.6855 of 2021, the writ
petitioner has filed the above writ appeal.
2. The appellant filed the writ petition to issue a Writ of Certiorarified
Mandamus to call for the records relating to the proceedings of the fourth
respondent, dated 26.12.2020 and quash the same and consequently to
direct the fourth respondent to pass orders in the light of the order passed by
this Court in W.P.(MD)No.25834 of 2019, dated 16.12.2019.
3. It is the case of the appellant that her father was working as
watchman in the fourth respondent Corporation and had died on 17.01.1996.
Though the appellant contended that her mother had given a representation
seeking for compassionate appointment to her on 19.01.1998, the said
contention was not established by the appellant in any manner whatsoever.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1532 of 2021
As per the records, the appellant had submitted the application for
compassionate appointment only on 18.01.2006, that is, after ten years from
the date of death of her father.
4. The learned Single Judge, taking into consideration G.O.Ms.No.120,
Labour and Employment Department, dated 26.06.1995, which has been
stated that an application for compassionate appointment should be made
within a period of three years from the date of death of the Government
servant and also taking into consideration another Government Order in
G.O.Ms.No.18, Labour and Employment (Q1) Department, dated 23.01.2020,
which also reiterated the condition stated in G.O.Ms.No.120, found that since
the appellant had submitted her application seeking for compassionate
appointment only on 18.01.2006, she is not entitled for compassionate
appointment.
5. The learned Single Judge has rightly, taking into consideration the
two Government Orders referred above, declined to grant the relief sought for
in the writ petition. In view of the two Government Orders, the application
submitted by the appellant on 18.01.2006, that is, after ten years from the
date of death of her father, cannot be considered.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1532 of 2021
6. In such view of the matter, we do not find any error or irregularity in
the order passed by the learned Single Judge. Accordingly, the Writ Appeal is
dismissed. No costs. Consequently, the connected Miscellaneous Petition is
also dismissed.
Index :Yes/No (M.D.,J.) (S.A.I.,J.)
Internet :Yes/No 05.08.2021
SSL
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Secretary to Government,
Home Department, Secretariat,
Chennai-9.
2.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungambakkam,
Chennai-34.
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Deputy Commissioner/Executive Officer,
Incorporated and Un-incorporated Devaswoms,
Suchindram Thanmumalayam Koil,
Suchindram,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1532 of 2021
M.DURAISWAMY,J.
AND
S.ANANTHI,J.
SSL
W.A.(MD)No.1532 of 2021
and
C.M.P.(MD)No.6303 of 2021
05.08.2021
https://www.mhc.tn.gov.in/judis/
