Madras High Court
P. Vasanthakumar vs The Principal Chief Engineer-Cum on 21 January, 2022
W.A.No.39 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 21.01.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.A.No.39 of 2022
P. Vasanthakumar ... Appellants
v.
The Principal Chief Engineer-cum-
Chief Engineer(General),
Public Works Department,
Chepauk,
Chennai - 600 005. ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
made in W.P.No.10769 of 2009, dated 03.10.2019
For Appellants : Mr.K.Soundararajan
For Respondents : Mr. R.U. Dinesh Rajkumar,
Additional Government Pleader.
JUDGMENT
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W.A.No.39 of 2022
(Judgment of the Court was made by M.DURAISWAMY,J.)
Challenging the order passed in W.P.No.10769 of 2009, the Writ
Petitioner has filed the above Writ Appeal.
2. The appellant filed the Writ Petition to issue a Writ of
Certiorarified Mandamus to call for the records of the respondent dated
20.02.2009, to quash the same and to direct the respondent to appoint
the petitioner in any one of the post incommensurate with the petitioner's
educational qualification in Public Works Department on compassionate
ground.
3.1 It is the case of the appellant that his father was working in
the Public Works Department and he died on 13.10.1990 leaving behind
his wife, the appellant and another son. At the time of death of the
appellant's father, Panneer Selvam, the appellant was 2 ½ years old.
After the death of the said Panneer Selvam, his wife, viz., Thangamani
Paneer Selvam, submitted an application dated 04.01.1993 seeking for
Compassionate appointment. Thereafter, the appellant submitted his
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W.A.No.39 of 2022
application on 02.05.2007 seeking for Compassionate appointment.
3.2 It is also the case of the appellant that services of his father
was regularized only on 06.02.2007. Since the appellant has submitted
his application after a lapse of 17 years, the respondent rejected the
application.
4. Mr.K.Soundararajan, learned counsel appearing for the
appellant submitted that even the application submitted by the petitioner's
mother,Tmt. Thangamani Paneer Selvam has not yet been considered by
the respondent.
5. Since the mother of the petitioner has not filed any Writ Petition
seeking for any direction with regard to her application dated 04.01.1993,
we are not adverting to any finding with regard to the application
submitted by the appellant's mother.
6. It is settled law that appointment on compassionate ground has
to be given to such of those person who are eligible for appointment at the
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W.A.No.39 of 2022
time of death of the employee. In the case on hand, the appellant was
not eligible for providing compassionate appointment for the reason that
he was only 2 ½ years old at the time of death of his father. As rightly
observed by the learned Single Judge, appointment on compassionate
basis is not a matter of right and it is only to tide over the situation to
which the family is put to on the death of the sole bread winner of the
family. The appellant has submitted the application seeking for
compassionate appointment after a lapse of 17 years. When the
appellant had managed to run the family for more than 17 years, there is
no eminent necessity for providing any compassionate appointment.
7. The learned Single Judge, taking into consideration all these
aspects, rightly dismissed the Writ Petition. We do not find any ground
to interfere with the order passed by the learned Single Judge. The Writ
Appeal is devoid of merits and the same is liable to be dismissed.
Accordingly, the Writ Appeal is dismissed. No costs.
[M.D., J.] [J.S.N.P., J.]
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W.A.No.39 of 2022
01.12.2021
Index : Yes/No
Internet: Yes
Rj
To
The Principal Chief Engineer-cum-
Chief Engineer(General),
Public Works Department,
Chepauk,
Chennai - 600 005.
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W.A.No.39 of 2022
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.39 of 2022
21.01.2022
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