Madras High Court
M.Sakthivel vs The Directorate Of Rural ... on 26 June, 2023
W.P.No.28305 of 2014
THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.06.2023
CORAM:
THE HONOURABLE JUSTICE Mr.V.LAKSHMINARAYANAN
W.P.No.28305 of 2014
and
M.P.No.1 of 2014
M.Sakthivel ...Petitioner.
Vs.
1.The Directorate of Rural Development,
Panagal Maligai,
Saidapet,
Chennai – 600 018.
2.The District Collector,
Rural Development Division,
Tiruvarur District,
Tiruvarur.
3.The Commissioner,
Panchayat Union,
Kodavasal,
Tiruvarur. ...Respondents.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue writ of certiorarified mandamus calling for the entire records of order
in Na.Ka.No.7764/2013/K.6 order dated 03.07.2013 on the file of the 2 nd
1/7
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W.P.No.28305 of 2014
respondent and quash the same as illegal and unconstitutional and
consequently direct the respondents to appoint the petitioner on
compassionate ground.
For Petitioner : Mr.Sathish Kumar
For Respondents :
For R1 &R2 : Mr.U.M.Ravichandran
Special Government Pleader
For R3 : Mr.P.Chinna Durai.
ORDER
This writ petition challenges the order of rejection for appointment on
compassionate basis. The petitioner's father, who was a road worker, passed
away on 25.06.1993. At that time, the age of the petitioner was only 13 years.
On 12.12.2001, pursuant to an application filed by the petitioner, stating that
the family is under distress circumstances, the petitioner was called upon to
submit the original certificate and he also submitted so.
2. The respondent had kept quiet for nearly 10 years and it was rejected
on the ground that he had applied for the job, 3 years after the petitioner's
father passed away. It is pertinent that the petitioner could not have applied
immediately after his father passed away because he was aged only 13 but
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W.P.No.28305 of 2014
has made the application within 3 years of attaining the age of majority. The
said position is covered by the judgment of this court in W.P.(Md).No.5879
of 2012 dated 03.06.2014 where the following order was passed of which
relevant portion is extracted below:-
“The above Judgments are squarely applicable to the present
case. Admittedly in the present case, the application seeking
appointment for the petitioner was submitted within 3 years after
attaining majority. Nothing is brought before this Court to show that
the family is not in indigent circumstances and this court is also of the
view that when a person cannot be employed in government services
before the completion of 18 years, he could not make an application
seeking appointment during his period of minority. Therefore as
stated above, the period of three years for a minor son/daughter can
commence only after he/she attains majority.”
3.I respectfully adopt the said view of the learned Judge. Following the
said judgment, the following directions are given:-
(i) The application of the petitioner shall not be treated as time barred.
(ii) The petitioner shall produce the certificate that they are still under
the indigent circumstances necessitating consideration for compassionate
appointment and if the petitioner fulfils all the other requirements, then he
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W.P.No.28305 of 2014
may be considered on a sympathetic basis.
4. The said exercise shall be completed within a period of four months
from the date of receipt of copy of this order. This writ petition stands
allowed. No costs.
26.06.2023
nst
Index : Yes/No
Neutral Citation Case : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.28305 of 2014
To:
1.The Directorate of Rural Development,
Panagal Maligai,
Saidapet,
Chennai – 600 018.
2.The District Collector,
Rural Development Division,
Tiruvarur District,
Tiruvarur.
3.The Commissioner,
Panchayat Union,
Kodavasal,
Tiruvarur.
https://www.mhc.tn.gov.in/judis
W.P.No.28305 of 2014
V.LAKSHMINARAYANAN,J
nst
W.P.No.28305 of 2014
and
M.P.No.1 of 2014
https://www.mhc.tn.gov.in/judis
W.P.No.28305 of 2014
26.06.2023
https://www.mhc.tn.gov.in/judis
