Madras High Court
The District Collector vs S.Santhi on 30 January, 2023
W.A.No.2640 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.A.No.2640 of 2018
and CMP Nos.21446 of 2018 & 16832 of 2019
1. The District Collector,
District Collector's Office,
Krishnagiri.
2. The Revenue Divisional Officer,
Krishnagiri.
3. The Tahsildar,
Krishnagiri. ...Appellants/Respondents
Vs.
S.Santhi ... Respondent/Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 15.11.2017 passed in W.P. No.25942 of 2017 and to set aside the
same.
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.2640 of 2018
For Appellants : Mr. G.Nanmaran
Special Government Pleader
For Respondent : Mr. S.Vijayakumar, Sr. Counsel
for Mr.J.Melwin Jabaz
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The Government is on Appeal against the order made in WP
No.25942 of 2017 allowing the said Writ Petition and directing the
appellants to grant compassionate appointment to the son of the respondent,
commensurate with his qualification.
2. The necessary facts that are required for disposal of the Appeal
are as follows:
The petitioner's husband (respondent in the Writ Appeal) who was
working as a Village Administrative Officer in Krishnagiri District died on
02.05.2007. The petitioner gave an application on 28.02.2008 seeking
compassionate appointment for her or any of the family members to enable
her to tide over the financial crisis. It is stated that the same was received
https://www.mhc.tn.gov.in/judis
W.A.No.2640 of 2018
by the second appellant and forwarded to the third appellant for further
course of action. It is also stated that certain particulars were called for
from the petitioner. However, the petitioner filed an application seeking to
nominate her elder daughter for compassionate appointment since she fell
sick. Subsequently, in the year 2011, the petitioner made a request for
nominating her younger daughter, since the younger daughter also got
married, the petitioner sent a representation on 25.10.2016 nominating her
son for compassionate appointment. Since she did not hear anything about
the appointment, she moved this Court with the prayer for Mandamus as
stated above.
3. The Writ Petition was primarily resisted on the ground that
since the petitioner kept on changing the nominee, it became difficult for the
Authorities to consider the application. The Writ Court found that the
reason assigned for non consideration is not sound and therefore, allowed
the Writ Petition as prayed for issuing a Mandamus. The Government is on
Appeal.
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W.A.No.2640 of 2018
4. We have heard Mr.G. Nanmaran, learned Special Government
Pleader, he would submit that compassionate appointment is meant to
address the financial exigencies that occur soon after the death of the
Government servant and the same cannot be extended for more than 10
years after the death of the Government servant.
5. We are alive to the fact that application for compassionate
appointment should be made within a reasonable time, in the case on hand
the application was made within a year, but due to certain circumstances the
nominee was changed. Therefore, the petitioner cannot be blamed for the
delay. In similar circumstances, where the elder son of the Government
servant died and an application was made after six years nominating the
younger son, a Division Bench of this Court in M.Namadeva v. The
Director or School Education, made in WA No.4062 of 2019 dated
26.11.2019, had held that in such cases delay cannot be a ground to refuse
compassionate appointment.
https://www.mhc.tn.gov.in/judis
W.A.No.2640 of 2018
6. The issue is actually covered by the decision of the Division
Bench referred to above. Hence the Writ Appeal fails and it is accordingly
dismissed. There shall be no order as to costs. Consequently the connected
miscellaneous petitions are closed. The appellants shall appoint the son of
the respondent,nominated by her to a suitable post within 3 months from the
date of receipt of the copy of this order.
(R.S.M., J.) (S.S.K., J.)
30.01.2023
jv
Index : No
Internet :Yes
Speaking order
Neutral Citation: Yes
Note: Time Bound case
To
1. The District Collector,
District Collector's Office,
Krishnagiri.
2. The Revenue Divisional Officer,
Krishnagiri.
3. The Tahsildar,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
W.A.No.2640 of 2018
R.SUBRAMANIAN, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
jv
W.A.No.2640 of 2018
and CMP Nos.21446 of 2018 & 16832 of 2019
30.01.2023
https://www.mhc.tn.gov.in/judis
