R.Karthikeyan vs The Managing Director
2023 Latest Caselaw 14310 Mad

                                                                  W.A.(MD) No.132 of 2023



                                  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.132 of 2023


                 R.Karthikeyan                                                  ... Appellant

                                                        -vs-


                 1.The Managing Director
                   Tamil Nadu State Transport
                    Corporation (Kumbakonam) Limited
                   New Railway Station Road
                   Kumbakonam

                 2.The General Manager
                   Tamil Nadu State Transport
                    Corporation (Kumbakonam) Limited
                   Karaikudi Region
                   Karaikudi                                                    ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 15.12.2022, passed in W.P.(MD) No.28198 of 2022, on the file of

                 this Court.



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https://www.mhc.tn.gov.in/judis
                                                                           W.A.(MD) No.132 of 2023




                                  For Appellant       : Mr.D.Venkatachalam

                                  For Respondents     : Mr.K.Jagadeesh Balan



                                                        JUDGMENT

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]

This writ appeal is directed against the order of the learned Single

Judge, dated 15.12.2022, passed in W.P.(MD) No.28198 of 2022.

2. The appellant's father served as a Conductor in the respondent

– Transport Corporation and he died on 20.05.2017, while he was in service.

Admittedly, the appellant was a minor on the date of death of his father.

However, he has not filed any application seeking appointment on

compassionate ground within a period of three years from the date of death of

the deceased employee, as stipulated under the scheme of compassionate

appointment. The appellant submitted an application only on 21.11.2022,

after a lapse of five years from the date of death of his father / employee.

Though the appellant reached the age of majority within a period of three

years from the date of death of his father, he failed to submit any application.

That being the factum, the appellant is not entitled to seek appointment as per

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.132 of 2023

the terms and conditions of the scheme of compassionate appointment and

therefore, we do not find any reason to interfere with the order passed by the

learned Single Judge, which is in consonance with the terms and conditions of

the scheme of compassionate appointment.

3. Accordingly, the writ appeal is dismissed. No costs.

                                                            [S.M.S., J.]          [V.L.N., J.]
                                                                      16.11.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.132 of 2023

S.M.SUBRAMANIAM, J.

and V.LAKSHMINARAYANAN, J.

krk

W.A.(MD) No.132 of 2023

16.11.2023

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