Madras High Court
E.Sandhanavel vs The Secretary To Government Of ... on 4 August, 2022
W.A.(MD)No.571 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.571 of 2022
E.Sandhanavel ... Appellant
Vs.
1.The Secretary to Government of Tamil Nadu,
Highways & Minor Ports Department,
Secretariat, Chennai-600 009.
2.The Director General,
Highways (Construction & Maintenance),
Chennai.
3.The Divisional Engineer,
Highways (Construction & Maintenance),
Tirunelveli, Tirunelveli District.
4.The Assistant Divisional Engineer,
Highways Department, Radhapuram,
Tirunelveli District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set
aside the order of this Court, dated 28.04.2022 made in W.P.(MD)No.8851
of 2019 and consequently, to direct the respondents to consider the claim
of the appellant for appointment on compassionate grounds.
For Appellant :Mr.S.Govindan
For Respondents :Mr.T.Amjad Khan
Government Advocate
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.571 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order of learned Single
Judge in W.P(MD)No.8851 of 2019, dated 28.04.2022, filed by the
appellant challenging the order of rejection of his application seeking
appointment on compassionate ground.
2.Heard Mr.S.Govindan, learned Counsel for the appellant and
Mr.T.Amjad Khan, learned Government Advocate, appearing for the
respondents.
3.The facts in this case are not in dispute. The appellant's
father, by name, Mr.Esakki Muthu, died on 16.06.2013 while he was
working as Road Worker. It is admitted that the appellant's mother was
not in a position to submit an application for compassionate appointment.
Hence, the appellant submitted an application on 31.01.2018 after
attaining the age of majority. Though the application was filed beyond
the period of three years, it is contended by the learned Counsel for the
appellant that the appellant being a minor cannot apply and that his
application even though filed beyond the period of three years has to be
considered.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.571 of 2022
4.Having regard to the peculiar facts and circumstances of the
case, the learned Single Judge, after referring to the several judgments,
particularly, the judgment of Honourable Supreme Court, dismissed the
Writ Petition by holding that the appointment on compassionate ground is
not a new source of recruitment and it is permissible only within the
scheme formulated by the Government extending the benefit of
compassionate appointment to the members of the family of the deceased
employee.
5.This Court, by order, dated 03.08.2022 in W.A(MD)No.94 of
2017, has allowed the Writ Appeal filed by the State as against the order
of learned Single Judge of this Court allowing the Writ Petition filed by
the dependent of the deceased employees rejecting the contention of the
minor, who has filed the application beyond the period of limitation, but
within a short time after attaining the age of majority. This Court
followed the Full Bench Judgment of this Court earlier.
6.In view of the above, this Writ Appeal is dismissed. No costs.
[S.S.S.R., J.] [S.S.Y., J.]
04.08.2022
Index : Yes / No
cmr
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.571 of 2022
To
1.The Secretary to Government of Tamil Nadu,
Highways & Minor Ports Department,
Secretariat, Chennai-600 009.
2.The Director General,
Highways (Construction & Maintenance),
Chennai.
3.The Divisional Engineer,
Highways (Construction & Maintenance),
Tirunelveli, Tirunelveli District.
4.The Assistant Divisional Engineer,
Highways Department, Radhapuram,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.571 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
cmr
W.A(MD)No.571 of 2022
04.08.2022
https://www.mhc.tn.gov.in/judis
