Madras High Court
P.Rahul vs Government Of Tamilnadu on 29 November, 2022
W.P.No. 31871 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:29.11.2022
Coram
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.31871 of 2022
P.Rahul .. Petitioner
vs.
1.Government of Tamilnadu
Rep. By Secretary to Government,
School Education,
Fort St.George, Chennai – 600 009.
2.The Commissioner,
School Education,
DPI Campus, Chennai – 600 006.
3.The Chief Educational Officer,
Ranipet.
4.The District Educational Officer,
Ranipet. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue writ of mandamus directing the first respondent herein
to consider the appeal of the petitioner against the order of the third
Respondent in Na.Ka.No. 000252 /A1 / 2022 dated 25.03.2022 by
applying judgment of the Honble Supreme Court reported in 2006 9
SCC Page 195 and judgment of the Hon'ble Division Bench in W.A.No.
1478 of 2017 in order dated 12.03.2021 and accordingly grant the
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W.P.No. 31871 of 2022
petitioner with appointment on compassionate ground or in the
alternative direct the 1st Respondent to relax the age limit prescribed
under G.O. Ms. No. 18 P & AR Department dated 23.01.2020 if
required and accordingly grant the petitioner with compassionate
appointment based upon his educational qualification.
For Petitioner : Ms.Suneetha
For Respondents : Mr.S.Yashwanth
Additional Government Pleader
ORDER
This writ petition has been filed for a mandamus seeking for a
limited relief.
2. The petitioner's mother S.Sujatha died while she was in
public service. The petitioner has sought for compassionate
appointment and the same was rejected by the third respondent on
25.03.2022. Aggrieved by the same, the petitioner has preferred an
appeal before the first respondent on 17.10.2022. Since no final order
has been passed till date in the said appeal, the petitioner has filed this
writ petition.
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W.P.No. 31871 of 2022
3. Heard Ms.Suneetha, learned counsel for the petitioner and
Mr.S.Yashwanth, learned Additional Government Pleader, who takes
notice on behalf of the respondents.
4. Learned counsel for the petitioner submits that the
petitioner will be satisfied if a direction is issued to the first respondent
to pass final orders on the petitioner's appeal dated 17.10.2022 within
a time frame to be fixed by this Court.
5. No prejudice would be caused to the respondents if such a
direction is issued by this Court.
6. For the foregoing reasons, this Court directs the first
respondent to pass final orders on merits and in accordance with law
on the petitioner's appeal dated 17.10.2022 within a period of twelve
weeks from the date of receipt of a copy of this order. While passing
final orders, the first respondent shall take into consideration the
Division Bench judgment of Madurai Bench of this Court dated
12.03.2021 in W.A. (MD) No.1478 of 2017 and also the decision of the
Hon'ble Supreme Court in Syed Khadim Hussain Vs. State of Bihar and
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W.P.No. 31871 of 2022
Others (2006 (9) SCC 195). The petitioner is directed to send a copy
of the aforesaid decisions to the first respondent along with the copy of
this order for effective implementation of this order.
7. With the aforesaid direction, the writ petition is disposed of.
No costs.
29.11.2022
Index:Yes/No
mmi
To
1.The Secretary to Government,
Government of Tamilnadu
School Education,
Fort St.George, Chennai – 600 009.
2.The Commissioner,
School Education,
DPI Campus, Chennai – 600 006.
3.The Chief Educational Officer,
Ranipet.
4.The District Educational Officer,
Ranipet.
https://www.mhc.tn.gov.in/judis
W.P.No. 31871 of 2022
ABDUL QUDDHOSE,J.
mmi
W.P.No.31871 of 2022
29.11.2022
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