Madras High Court
Tamilarasan vs The Commissioner on 12 August, 2022
W.A.(MD)No.858 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.858 of 2022
Tamilarasan ... Appellant
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments
Department,
No.119, Uttamar Gandi Salai,
Nungambakkam, Chennai – 600 008.
2.The Assistant Commissioner /
Executive Officer,
Arulmigu Thiruvarakkadu Karumariamman Kovil,
Thiruvarakkadu, Chennai. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set
aside the order of this Court, dated 23.02.2022 passed in W.P(MD)No.
5602 of 2020.
For Appellant :Mr.C.Ganesh Kumar
For R1 :Mr.M.Lingadurai
Spcial Government Pleader
For R2 :Mr.V.R.Shanmuganathan
***
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.858 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order passed by the
learned Single Judge dismissing the Writ Petition filed by the appellant in
W.P(MD)No.5602 of 2020.
2.Heard Mr.C.Ganesh Kumar, learned Counsel for the appellant,
Mr.M.Linga Durai, learned Special Government Pleader, who takes notice
on behalf of first respondent and Mr.V.R.Shanmuganathan, learned
Counsel, who takes notice on behalf of second respondent. By consent of
all parties, the present Writ Appeal is taken up for final disposal at
admission stage.
Brief facts that are necessary for the disposal of this Writ
Appeal are as follows:
3.In this case admittedly, the appellant's father died on
03.03.2005, while he was in service. The appellant submitted an
application seeking employment on compassionate ground only on
15.03.2016. The said application was rejected by an order, dated
30.09.2019. Challenging the same, the appellant filed a Writ Petition in
Writ Petition in W.P.(MD)No.5602 of 2020.
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W.A.(MD)No.858 of 2022
4.Learned Singe Judge has rightly dismissed the Writ Petition on
the ground that the application filed by the Writ Petitioner 11 years later
and the contention of the Writ Petitioner to give employment on
compassionate ground after 17 years from the date of death of the
deceased employee is not sustainable. Challenging the same, the above
Writ Appeal is filed.
5.This Court has disposed of several batch of cases following the
judgment of Full Bench of this Court in A.Kamatchi Vs. The Chairman,
Tamil Nadu Electricity Board, (2013) 2 CWC 758, wherein, it has
been held that appointment on compassionate ground has to be strictly
followed in accordance with the relevant rule or scheme that has been
framed by the employer. Any deviation from the scheme is held not
permissible by the Full Bench of this Court. An application seeking
compassionate appointment has to be filed within a period of three years
as per the scheme.
6.This Court also in a Writ Appeal in the case of Deepika vs
the District Collector, in W.A.(MD)No.682 of 2022, dated
08.07.2022, has followed the judgment of Full Bench of this Court above
referred to and reiterated the same proposition even in respect of a case
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W.A.(MD)No.858 of 2022
where a belated application was filed by a minor dependent after
attaining majority.
7.In these background, this Court do not find any merit in this
Writ Appeal, hence, dismissed. No costs.
[S.S.S.R., J.] [S.S.Y., J.]
12.08.2022
Index : Yes / No
cmr
To
The Commissioner,
Hindu Religious and Charitable Endowments
Department,
No.119, Uttamar Gandi Salai,
Nungambakkam, Chennai – 600 008.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.858 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
cmr
W.A(MD)No.858 of 2022
12.08.2022
https://www.mhc.tn.gov.in/judis
