Madras High Court
G.Venkatesh vs The District Collector on 26 February, 2021
W.A.(MD)No.581 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A.(MD)No.581 of 2012
G.Venkatesh ...Appellant /Petitioner
-Vs-
The District Collector,
Pudukottai District,
Pudukottai. ... Respondent/Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the
order passed by the Hon'ble Court in W.P.(MD)No.133 of 2011, dt:08.03.2012 and
allow the Writ Appeal.
For Appellant : Mr.Antony Arulraj
For Respondent : Mr.M.Murugan
Government Advocate
JUDGMENT
(Order of the Court was delivered by S. KANNAMMAL, J.)
The instant Writ Appeal is directed against the order, dated 08.03.2012 made
in W.P (MD)No.133 of 2011.
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W.A.(MD)No.581 of 2012
2.The short facts leading to the filing of Writ Appeal are as follows:
The father of the writ petitioner/appellant namely Mr.M.Ganesan, died on
02.03.1993, while serving as an Office Assistant in Revenue Department, leaving,
behind the petitioner and his mother.
3.The writ petitioner was not able to make any application seeking
compassionate appointment since he did not attain majority and he was only
5 years old child at the time of his father’s death.
4.Subsequently, the petitioner had applied for compassionate appointment
only on 04.07.2007, but the said representation was not considered and rejected by
the respondent in Na.Ka.No.47186/07/A3 by relying on a Government Letter (Ms.)
No.202, dated 08.10.2007 stating that the application for compassionate ground
from the family of the deceased was not sent within a period of three years from
the date of death of of Mr.M.Ganesan.
5.Aggrieved by the said order, the appellant had preferred the Writ Petition
in W.P(MD)No.133 of 2011 to quash the impugned order, dated 27.01.2009 issued
by the respondent and to give appointment to the petitioner on compassionate
ground. The respondent had filed a counter affidavit, wherein also it was stated
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W.A.(MD)No.581 of 2012
that application for appointment on compassionate ground should be made within a
period of three years from the date of death of the Government servant, whereas
the petitioner had filed the application nearly after a lapse of fourteen years and the
application was rightly rejected.
6.After hearing the learned counsel for the parties, the learned Single Judge
vide order dated 08.03.2012, dismissed the said Writ Petition and rejected the plea
of the writ petitioner/appellant for appointment on compassionate ground, which is
under challenge in this writ appeal.
7.Heard the learned counsel appearing for the appellant and the learned
Government Advocate appearing for the respondent and perused the materials
placed before this Court.
8.The learned counsel for the appellant would submit that the Government
Letter (Ms.) No.202, dated 08.10.2007 would not be applicable to the present case,
since the application for compassionate ground has been filed before the issuance
of the said Government Letter.
9.But from the Government Letter (Ms.) No.202, dated 08.10.2007 it is
made clear that the time limit shall be three years for filing of application from the
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W.A.(MD)No.581 of 2012
date of the death of the Government Servant and is applicable to all cases,
including where the Government Servant had died in harness even prior to
26.06.1995.
10.The learned single Judge, while dismissing the Writ Petition, has placed
reliance on the judgment of the Hon'ble Supreme Court in State of Manipur Vs.
MD.Rajaodin reported in 2003 (7) SCC 511, wherein at Paragraph No.12 it has
been held as follows:
“12. In State of U.P. v. Paras Nath reported in 1998
(2) SCC 412 : 1998 SCC (L&S) 570, it was held that
the purpose of providing employment to the
dependant of a government servant dying in harness
in preference to anybody else is to mitigate hardship
caused to the family of the deceased on account of
his unexpected death while in service. To alleviate
the distress of the family, such appointments are
permissible on compassionate grounds provided
there are rules providing for such appointments.
None of these considerations can operate when the
application is made after a long period of time.”
Further, the judgment of the Hon'ble Supreme Court in State of Jammu &
Kashmir Vs. Sajad Ahmed Mir, reported in 2006(4)MLJ 604 has also been relied.
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W.A.(MD)No.581 of 2012
11.In furtherance, the learned single Judge, pointing out a decision of the
Division Bench of this court in M.Raju Vs. Union of India reported in 2009 (4)
MLJ 237, which held that the application made seeking appointment on
compassionate ground after lapse of a reasonable time cannot be considered.
12.In the present case on hand, the appellant had waited till attaining
majority and at the age of 19 that is after 14 years from the date of death of his
father had applied for compassionate ground on 04.07.2007 and was rejected by
the respondent on 27.01.2009. The appellant had preferred a Writ Petition in the
year 2011, which was rightly dismissed by the learned single Judge.
13.In view of the above, we are of the view that the learned Single Judge
has rightly dismissed the Writ Petition with clear reasoning. Therefore, no
interference is required at the hands of this Court. Hence, the Writ Appeal is liable
to be dismissed. Accordingly, this Writ Appeal stands dismissed by confirming the
order dated 08.03.2012 passed in W.P (MD)No.133 of 2011. No costs.
(P.S.N.J.,) (S.K.J.,)
26.02.2021
Internet: Yes/No
Index : Yes/No
vsd
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W.A.(MD)No.581 of 2012
PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsd
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
The District Collector,
Pudukottai District,
Pudukottai.
Judgment made in
W.A.(MD)No.581 of 2012
26.02.2021
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