Madras High Court
K.Sailaja vs The Chief Educational Officer on 6 December, 2021
Order dated 06.12.2021
in W.P.No.32029 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06.12.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.No.32029 of 2019
K.Sailaja, D/o Late K.Kottappa .. Petitioner
Vs.
The Chief Educational Officer,
Near Boys Higher Secondary School,
Krishnagiri-635 001. ..
Respondent
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus to call for the
records relating to the impugned proceedings passed in
Na.Ka.No.5687/B1/2018, dated 04.04.2019 on the file of the respondent
herein, quash the same and consequently direct the respondent herein to
consider the appointment of the petitioner under compassionate grounds.
For petitioner : Mr.K.Govi Ganesan
For respondents: Mr.Abishek Murthy, Govt. Advocate
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ORDER
This Writ Petition is filed praying for issuance of a Writ of
Certiorarified Mandamus to call for the records relating to the impugned
proceedings passed in Na.Ka.No.5687/B1/2018, dated 04.04.2019 on the
file of the respondent herein, quash the same and consequently direct the
respondent herein to consider the appointment of the petitioner under
compassionate grounds.
2. The case of the petitioner is that her father was working as Head-
master of Thottabelur Panchayat Union Elementary School and he died in
harness on 26.02.2000. According to her, her father left behind two wives
with four children through the second wife and the first wife has no children
from her wed-lock.
3. According to the petitioner, she had applied for consideration for
grant of compassionate appointment on 06.02.2003 and the same was
returned for certain defects and she re-submitted the same subsequently on
24.02.2003. According to her, she re-submitted her application along with
all other documents to the respondent on 06.10.2003. It is her further
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submission that there was no response to her representation for nearly 15
years and therefore, she submitted another representation on 12.03.2018.
Having found no response, she approached this Court in W.P.No.15642 of
2018 and the same was disposed of by this Court on 26.07.2018 with a
direction to the authorities concerned. The relevant portion of the said order
dated 26.07.2018 reads as follows:
"4. Regard being had to the facts and
circumstances of this case, especially, considering the
nature of relief sought for by the petitioner and without
going into the merits of the claim projected by the
petitioner, this Court directs the respondents to take an
informed and considered decision on the representation
submitted by the petitioner on 02.03.2018 in
accordance with law, with regard to compassionate
ground appointment of the petitioner, if deficiency has
been removed by the petitioner. However, if deficiency
is available for non-furnishing of certain documents, the
petitioner may also be asked to produce those
document. Thereafter, such decision be taken based on
the materials on record, without providing opportunity
to submit further required documents, the same shall
not be a ground to reject the application. Such decision
be taken within a period of eight weeks from the date of
rectification of the defects if any otherwise within a
period of six weeks from the date of receipt of a copy of
this order.
5. With the aforesaid direction, this writ petition
stands disposed of. No costs."
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4. In pursuance of the above direction of this Court, dated 26.07.2018,
the request of the petitioner came to be rejected on 04.04.2019, against
which, the present Writ Petition is filed for the relief stated supra.
5. The learned counsel for the petitioner adverted to the averments
made in the affidavit filed in support of his submissions. He relied on the
following judgments:
(i) 2019 (14) SCC 646 (Union of India Vs. V.R.Tripathi) (Civil
Appeal No.12015 of 2018 (arising out of SLP(C).No.32004 of 2016), dated
11.12.2018) and
(ii) Writ Appeal No.2495 of 2019 (S-RES), Division Bench of
Karnataka High Court, dated 24.06.2021.
6. The respondent has filed counter affidavit denying the claim of the
petitioner. This Court also heard the submissions made by the learned
Government Advocate appearing for the respondent.
7. Heard both sides and perused the materials available on record.
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8. From the above factual narrative, it could be seen that the cause of
action has originally arisen on 26.02.2000 when the petitioner's father died
in harness. Although it is stated that the application was preferred within
three years on 24.02.2003, yet, the second representation was made only on
12.03.2018. Nothing has been satisfactorily explained in the affidavit filed in
support of the Writ Petition, as to what had happened for 15 long years
between 2003 and 2018. Even thereafter, the petitioner appeared to have
filed the Writ Petition and quietly obtained a direction from this Court in
W.P.No.15642 of 2018, dated 26.07.2018, as if the cause of action was still
subsisting. Only thereafter, her application was rejected by the impugned
order on 04.04.2019. She has now approached this Court in 2019 by way of
the present Writ Petition.
9. Upon perusing the decisions relied on by the learned counsel for the
petitioner, this Court is of the view that those decisions relied on by the
learned counsel for the petitioner are distinguishable on facts and the same
are not applicable to the facts of the present case.
10. The offer of compassionate appointment is only by way of
immediate grant of employment assistance to the family of the deceased-
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employee. Such offer cannot be kept pending for years together for the
petitioner to avail such assistance at this distant point of time.
11. Unless the petitioner is able to come up with a clear case for grant
of relief in relation to the scheme of compassionate appointment, such stale
or belated claim cannot be entertained by this Court at all.
12. In the above factual narrative, this Court finds that the claim of the
petitioner is hopelessly time barred and cannot be entertained at this stage
even for a second. Accordingly, this Writ Petition is dismissed. No costs.
06.12.2021
Speaking Order: Yes
cs
To
The Chief Educational Officer,
Near Boys Higher Secondary School,
Krishnagiri-635 001.
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V. PARTHIBAN, J
cs
W.P.No.32029 of 2019
06.12.2021
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