Madras High Court
The Conservator Of Forest vs P.Subbulakshmi on 16 November, 2023
W.A.(MD) No.612 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.612 of 2020
and C.M.P.(MD) No.3912 of 2020
1.The conservator of Forest,
Tirunelveli Zone, NGO Colony,
RTO Office Backside,
Tirunelveli - 627 007.
2.The District Forest Officer with Wild Life Warden,
Tirunelveli Forest Division,
Perumalpuram Vasantha Nagar,
Tirunelveli District – 627 007. ... Appellants/Respondents
-Vs.-
P.Subbulakshmi ... Respondent/Writ Petitioner
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 28.02.2020 made in W.P.(MD)No.26115 of 2019
on the file of this Court.
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.Robert Chandrakumar
for M/s.G.Prabhu Rajadurai
****
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.612 of 2020
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal on hand has been instituted against the order
dated 28.02.2020, passed in W.P.(MD) No.26115 of 2019.
2. The husband of the writ petitioner was working as Forest
Guard and died on 09.07.1995 while he was in service. The respondent in
the Writ Appeal filed an application on 30.04.1996, seeking appointment
on compassionate ground to the son of the second wife of the deceased
employee. The competent authority rejected the claim of the writ
petitioner in proceedings dated 31.08.2019, which came to be challenged
in the Writ Proceedings. Learned Single Judge granted the relief mainly
on the ground that the subsequent application submitted on 11.03.2013,
seeking compassionate ground is to be treated as a continuation for the
purpose of providing appointment. Aggrieved by the said order, the
Forest Department preferred the present Writ Appeal.
3. Learned Special Government Pleader appearing on behalf of
the appellants mainly contended that on the date of submission of
application on 30.04.1996, seeking appointment on compassionate
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W.A.(MD) No.612 of 2020
ground, the son of the second wife of the deceased employee was aged
about 2 years and therefore, the application per se is not entertainable.
After a lapse of about 7 years and in the year 2013 subsequent
application was filed, since the son of the deceased employee attained the
age of majority. Any application submitted beyond the period of three
years is not maintainable under the terms of the Scheme and therefore,
the authorities have rightly rejected the claim of the writ petitioner.
4. Learned counsel appearing on behalf of the respondent
objected the said contention by stating that during the earlier Writ
Petition, this Court made an observation that the application submitted in
the year 2013 is to be construed as continuation of the first application
dated 30.04.1996 and therefore the case of the respondent is to be
considered for providing appointment on compassionate grounds.
5. The controversy regarding the entertainability of the
application is to be considered with reference to the conditions stipulated
in the Scheme. High Court while exercising the power of judicial review
in the matter of compassionate appointment is not expected to expand the
scope of the Scheme, which would offend Article 14 and 16 of the
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W.A.(MD) No.612 of 2020
Constitution of India and more so, in the event of providing appointment
by expanding the Scheme would infringe the rights of lakhs of citizens,
who all are aspiring to secure public employment through open
competitive process.
6. In the present case, the application submitted on 30.04.1996
is not maintainable in view of the fact that the appointment was sought
for a minor who was a two year old baby and therefore, at no stretch of
imagination such application can be considered. Therefore, the
application submitted by the petitioner in the year 2013 alone is to be
taken into consideration, which was submitted in violation of Scheme
for Compassionate Appointment. The application is to be submitted only
by the eligible legal heir of the deceased employee and it is not as if an
ineligible member of the family of the deceased employee is entitled to
file an application for the purpose of reserving the appointment on
compassionate ground.
7. Therefore, the application submitted in the year 2013 is not
entertainable in view of the conditions stipulated in the Scheme. More so,
the employee died in the year 1995 and 23 years had lapsed. In view of
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W.A.(MD) No.612 of 2020
facts and circumstances, we do not find any valid reason to sustain the
order impugned.
8. Consequently, the impugned order dated 28.02.2020, passed
in W.P.(MD) No.26115 of 2019, is set aside and the Writ Appeal stands
allowed. No costs. Consequently, connected Civil Miscellaneous Petition
is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 16.11.2023
Index :Yes/No
SJ
To
1.The conservator of Forest,
Tirunelveli Zone, NGO Colony,
RTO Office Backside,
Tirunelveli - 627 007.
2.The District Forest Officer with Wild Life Warden,
Tirunelveli Forest Division,
Perumalpuram Vasantha Nagar,
Tirunelveli District – 627 007.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.612 of 2020
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) No.612 of 2020
16.11.2023
https://www.mhc.tn.gov.in/judis
