Madras High Court
S.Abhishek … vs The Commissioner Of Commercial ... on 15 September, 2022
W.P.No.24847 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.24847 of 2022
S.Abhishek …. Petitioner
-Vs-
1.The Commissioner of Commercial Taxes
Chepauk, Chennai 600 005.
2.The Joint Commissioner of Commercial Taxes
(State Tax) Vellore Zone, Vellore.
3.The State Tax Officer
Polur, Tiruvannamalai District. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to the impugned proceeding No. Y-3/ 2524155/ 2022- 1 dated
01.09.2022 of the 1st Respondent quash the same and consequently direct the
respondents to appoint the petitioner in an eligible post under compassionate
ground within a reasonable period to be fixed by this Honble court.
For Petitioner : Mr.D.R.Arun Kumar
For Respondents : Mrs.K.Vasanthamala,
Government Advocate
ORDER
The prayer sought for herein is for a Writ of Certiorarified Mandamus
calling for the records pertaining to the impugned proceeding No. Y-3/ 2524155/
2022- 1 dated 01.09.2022 of the 1st Respondent quash the same and
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W.P.No.24847 of 2022
consequently direct the respondents to appoint the petitioner in an eligible post
under compassionate ground within a reasonable period to be fixed by this
Court.
2. The petitioner sought for compassionate appointment with the
respondent Department as the petitioner's mother one C.Gejalakshmi who died
in harness while she was working at the respondent Department. The said
application submitted by the petitioner dated 25.05.2022 has been rejected
through the impugned order dated 01.09.2022. Challenging the same the
present writ petition has been filed.
3. Heard Mr.D.R.Arun Kumar learned counsel for the petitioner and
Mrs.K.Vasanthamala, learned Government Advocate for the respondents.
4. In the impugned order, only the following has been stated.
“ghh;itapy; fhqk; j';fsJ tpz;zg;g kD
ghprPypf;fg;gl;ljpy; murhiz vz; 18. bjhHpyhsh; kw;Wk;
ntiy tha;g;g[j; (f;a[ 1) Jiw. ehs; 23/01/2020 y;
tH';fg;gl;Ls;s tHpfhl;Ljypd;goa[k; kw;Wk;
eilKiwapy; cs;s tpjpfspd;goa[k; nkYk;
https://www.mhc.tn.gov.in/judis
W.P.No.24847 of 2022
ePjpg;nguhizapd; mwpt[Wj;jypd;goa[k; kiwe;j muR
CHpah; jpUkjp rp/bf$yl;Rkp vd;gthpd; thupRjhuuhfpa
j';fSf;F fUiz mog;gilapy; gzp epakdk; tHp
tif ,y;iy vd bjuptpj;Jf; bfhs;sg;gLfpwJ/”
5. On a perusal of the impugned order, this Court finds on what basis and
on what lacking the petitioner's application was rejected or not possible for
compliance has not at all been specifically stated. It simply says that as per the
guidelines given in G.O.No.18 dated 23.01.2020 in force as well as the judgment
given by this Court in the writ petition the application of the petitioner has been
rejected. If many guidelines are provided in G.O.No.18 Labour and Employment
Department dated 23.01.2020, under which guideline the petitioner is lacking
and even the details of the writ petition has also not been stated in the
impugned order.
6. Therefore, this kind of cryptic order without actually stating what is the
reason for the application submitted by the candidate seeking compassionate
appointment is rejected cannot be passed by the respondents, which is nothing
but arbitrary exercise of power at the hands of the respondents. Hence, this
Court is inclined to set aside the impugned order. Accordingly the impugned
order dated 01.09.2022 is set aside and the matter is remitted back to the
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W.P.No.24847 of 2022
R. SURESH KUMAR, J.
KST
respondents for reconsideration and after re-considering the application
submitted by the petitioner a detailed-cum-reasoned order shall be passed by the
respondents on the said application seeking compassionate appointment within a
period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs.
15.09.2022
Index : Yes/No
Internet : Yes/No
KST
To
1.The Commissioner of Commercial Taxes
Chepauk, Chennai 600 005.
2.The Joint Commissioner of Commercial Taxes
(State Tax) Vellore Zone, Vellore.
3.The State Tax Officer
Polur, Tiruvannamalai District.
W.P.No.24847 of 2022
https://www.mhc.tn.gov.in/judis
