Madras High Court
Sahaya Mary John vs The Director Of Collegiate ... on 7 February, 2022
W.P.(MD) No.1730 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.02.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.1730 of 2019
and
W.M.P(MD)No.1481 of 2019
Sahaya Mary John ... Petitioner
-vs-
1.The Director of Collegiate Education,
No.68, College Road,
EVK, Sampath Maligai,
Chennai-600 006.
2.The Joint Director of Collegiate Education,
Madurai Zone,
Madurai.
3.The Secretary,
Madurai College,
Madurai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order passed by the second respondent in
Na.Ka.No.4676/Aa2/2012, dated 07.10.2017 and quash the same and
consequently direct the respondents to consider the petitioner's claim for
compassionate appointment in the place of the petitioner's husband late.
D.Jhonson, and appoint the petitioner's son namely Naveen in any
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W.P.(MD) No.1730 of 2019
suitable post by considering the petitioner's application, dated
23.08.2018.
For Petitioner : Mr.T.Selvakumaran
For R1 & R2 : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
The order impugned, dated 07.10.2017 is the returning of the
application submitted by the writ petitioner for appointment on
compassionate ground.
2. The husband of the writ petitioner died on 16.07.2011 while he
was in service. On account of sudden demise of the husband of the
petitioner, the family was in penurious circumstances. The writ
petitioner states that she made an application on 16.09.2011 to the
respondents to provide appointment on compassionate ground to her son
namely Naveen on attaining his age of majority. At the time of
submission of the application, son of the petitioner was studying 10 th
standard and was aged about 15 years.
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W.P.(MD) No.1730 of 2019
3. The case of the son of the petitioner was considered and final
order was passed rejecting the application on the ground that the son of
the petitioner had not completed 18 years of age on the date of
submission of the application. Son of the petitioner was found ineligible
for compassionate appointment. If at all the petitioner raises the ground
of penurious circumstances on account of sudden demise of the
employee, she would have sought appointment for herself at the first
instance. However, the petitioner has submitted an application to
provide an appointment to her son, who was minor during the relevant
point of time the husband of the petitioner died. Now, almost 20 years
lapsed from the date of death of the Government employee. Under these
circumstances, the Court cannot consider the claim of the writ petitioner
for compassionate appointment. If at all under the revised Government
Order issued pursuant to the judgment of the Full Bench of the High
Court of Madras, the petitioner is at liberty to submit an application in
the manner known to law.
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W.P.(MD) No.1730 of 2019
4. With these observations, the writ petition stands dismissed. No
order as to costs. Consequently, connected miscellaneous petition is
closed.
07.02.2022
Index : Yes/No
Internet: Yes/No
am
To
1.The Director of Collegiate Education,
No.68, College Road,
EVK, Sampath Maligai,
Chennai-600 006.
2.The Joint Director of Collegiate Education,
Madurai Zone,
Madurai.
3.The Secretary,
Madurai College,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1730 of 2019
S.M.SUBRAMANIAM,J.
am
W.P.(MD) No.1730 of 2019
07.02.2022
https://www.mhc.tn.gov.in/judis
