Madras High Court
R.Geethan vs The Commissioner on 5 August, 2021
W.P.(MD) No.15117 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.15117 of 2018
and
W.M.P.(MD) No.13689 of 2018
R.Geethan ... Petitioner
-vs-
1.The Commissioner
Directorate of Technical Education
Guindy, Chennai-600 025
2.The Principal
N.M.S.Kamarajar Polytechnic College
Palavilai, Kanyakumari District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records passed by the first
respondent in letter No.16531/C2/2017, dated 21.02.2018 and quash the
same and consequently direct the respondents herein to consider the case of
the petitioner for appointment on compassionate grounds.
For Petitioner : Mr.K.Vamanan
For Respondents : Mr.S.Shanmugavel
Government Counsel for R1
Mr.N.Dilip Kumar for R2
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Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15117 of 2018
ORDER
The prayer in this writ petition is for issuance of a writ of
certiorarified mandamus to quash the order dated 21.02.2018, passed by the
first respondent and to direct the respondents to consider the case of the
petitioner for appointment on compassionate grounds.
2. The case of the petitioner is that his father was working as
Skilled Assistant in the second respondent College and he died on 12.04.1997,
while he was in service. On 10.09.2014, the petitioner made an application to
the second respondent seeking compassionate appointment. However, the
request of the petitioner was rejected on the ground that the application was
not made within the prescribed period of three years. Challenging the same,
the present writ petition has been filed.
3. Identical issue came up before the Honourable Division Bench
of this Court in W.A.No.1749 of 2019 (Sudhanthira Devi vs. The State of
Tamil Nadu and others) [in the said Judgment, myself (DKKJ) is one of the
member] and the Division Bench, by Judgment dated 03.09.2019, following
the decisions of the Honourable Supreme Court, has held that applications for
compassionate appointment submitted beyond the period of three years
cannot be entertained.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15117 of 2018
4. The Honourable Full Bench in Paragraph No.13 of the
Judgment dated 11.03.2020 in W.P.(MD) No.7016 of 2011 has held as
follows:
“13. In the light of the above we find that the
judgment in the case of A.Kamatchi v. The Chairman,
Tamil Nadu Electricity Board, (2013) 2 CWC 758 is not
only contrary to the law laid down in the case of
E.Ramasamy v. The Chairman, Tamil Nadu Electricity
Board, (2006) 4 MLJ 1080, but it also has, as indicated
by our brother, Justice Subramonium Prasad, in his
judgment, misconstrued the same. In view of what has
been indicated above we are also of the view that the
period of three years is a rationale and reasonable
period under the relevant Government Orders and the
rules. We may, however, observe that it is open to the
State Government to make any provision for relaxation
of the period in exceptionally rare cases on the
principles as indicated herein above.”
5. Furthermore, G.O.(Ms) No.18, Labour and Employment (Q1)
Department, dated 23.01.2020, has clearly prescribed the time limit to prefer
application for compassionate appointment as three years from the date of
death of the Government servants.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15117 of 2018
6. In the case on hand, admittedly, the petitioner's father died on
12.04.1997 and the petitioner submitted application for compassionate
appointment only on 10.09.2014, nearly after 17 years. Therefore, in view of
the above settled legal position, the claim of the petitioner made beyond the
prescribed period of three years cannot be entertained and it deserves to be
rejected. Accordingly, the impugned order does not warrant any interference
of this Court.
7. In fine, the writ petition fails and it is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
05.08.2021
Index : Yes / No
Internet : Yes / No
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.
krk
To:
The Commissioner,
Directorate of Technical Education,
Guindy, Chennai-600 025.
____________
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.15117 of 2018
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.15117 of 2018
and
W.M.P.(MD) No.13689 of 2018
05.08.2021
____________
https://www.mhc.tn.gov.in/judis/
