E.Murugan vs The Managing Director
2022 Latest Caselaw 14904 Mad

                                                          1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 06.09.2022

                                                      CORAM:

                             THE HONOURABLE MR. JUSTICE PARESH UPADHYAY
                                                 and
                        THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                                 W.A.No.2003 of 2022


                    E.Murugan                                                 .. Appellant

                                                          Vs

                    1.The Managing Director,
                      Chennai Metro Water Supply and Sewerage Board,
                      No.1, Pumping Station Road,
                      Chintadripet,
                      Chennai – 600 002.

                    2.The General Manager,
                      Chennai Metro Water Supply and Sewerage Board,
                      No.1, Pumping Station Road,
                      Chintadripet,
                      Chennai – 600 002.                           .. Respondents



                              Appeal filed under Clause 15 of Letters Patent against the
                    order dated 14.03.2019 made in W.P.No.18055 of 2018.


                              For Appellant           :       K.S.Ilangovan


                                                     JUDGMENT

(Delivered by D.BHARATHA CHAKRAVARTHY, J.)

The writ appeal is filed against the order of the learned

Single https://www.mhc.tn.gov.in/judis Judge dated 14.03.2019 in and by which the prayer of the

writ petitioner to consider his representation dated 11.08.2016 for

appointing him on compassionate ground is rejected by the learned

Single Judge.

2. The writ petitioner's father died in harness while in

service on 07.06.1994. Thereafter, the writ petitioner's mother

applied for compassionate appointment in the year 2006. However,

she was not granted any appointment and was kept in waiting list.

Therefore, the writ petitioner applied for appointing himself on

compassionate basis by his representation dated 11.08.2016 and

thereafter filed writ petition against the non-consideration thereof.

3. It could be seen from the above facts that the writ

petitioner was only four years old at the time of death of his

father. Nothing prevented his mother who applied for

compassionate appointment to approach the Court for appropriate

relief. But, however, the fact remains that the application of the

writ petitioner was after 22 years after the death of the employee.

4. It is settled law that the very purpose of compassionate

appointment is to provide immediate succour to the family which is

in penury due to the sudden death of the breadwinner of the

family and is not in the nature of any succession or right to the https://www.mhc.tn.gov.in/judis

petitioner being the son. In that view of the matter and in view of

enormous efflux of time from the year 1994 to 2022, we are not

inclined to entertain this appeal.

5. Accordingly finding no merits, this writ appeal is

dismissed. No costs.

                                                                (P.U., J)       (D.B.C., J)
                                                                       06.09.2022
                     Index:Yes/No
                     ssm/7

                     To

                     1.The Managing Director,

Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.

2.The General Manager, Chennai Metro Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.

https://www.mhc.tn.gov.in/judis

PARESH UPADHYAY, J.

and D.BHARATHA CHAKRAVARTHY, J.

ssm

W.A.No.2003 of 2022

06.09.2022

https://www.mhc.tn.gov.in/judis