The Government Of Tamil Nadu vs S.Arun
2024 Latest Caselaw 18551 Mad

Madras High Court

The Government Of Tamil Nadu vs S.Arun on 20 September, 2024

Bench: D.Krishnakumar, R.Vijayakumar

                                                                           Rev.Aplc.(MD).No.61 of 2024


                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            RESERVED ON         :   27.08.2024

                                           PRONOUNCED ON :           20.09.2024

                                                     CORAM:

                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR,
                                                ACTING CHIEF JUSTICE
                                                    AND
                                   THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

                                         Rev.Application (MD).No.61 of 2024
                                           and CMP(MD).No.6955 of 2024
                                            in CMP(MD).No.15651 of 2023
                                          in WA(MD).SR.No.83760 of 2023


                     1.The Government of Tamil Nadu
                     Represented by its Secretary to Government
                     Social Welfare and Nutritious Meal Programme
                     Department, Fort St. George
                     Chennai 9

                     2.The Commissioner
                     Social Welfare and Nutritious Meal Scheme Department,
                     Panagal Building, Second Floor, Saidapettai
                     Chennai 15

                     3.The District Collector
                     Thoothukudi District
                     Thoothukudi

                     4.The Commissioner
                     Panchayat Union
                     Tiruchendur                         .....Review Applicants /Petitioners
                                                                     /Appellants

                                                   Vs
                     S.Arun                              ....Respondent/Respondent/Respondent
https://www.mhc.tn.gov.in/judis

                     1/5
                                                                                  Rev.Aplc.(MD).No.61 of 2024




                     Prayer: Review Application is filed under Order 47 Rule 1 Section 114 r/w
                     151 of C.P.C, to set aside the review order passed by this Court in
                     CMP(MD).No.15651 of 2023 in WA(MD).Sr.No.83760 of 2023 to allow the
                     review petition.

                                  For Petitioners          : Mr.Veera.Kathiravan
                                                             Additional Advocate General
                                                             Assisted by N.Satheesh Kumar
                                                             Additional Government Pleader

                                  For Respondent           : Mr.V.Kannan

                                                            ORDER

(Made by R.VIJAYAKUMAR,J.)

The present review application has been filed seeking to review the

order passed by this Bench on 07.02.2024 wherein the prayer to condone the

delay of 94 days in filing the writ appeal was rejected on the ground that the

explanation offered by the State for condoning the delay was not satisfactory.

2.The grounds in the review application reveals that the review

applicant had expressed regret for filing a patently wrong affidavit and have

assigned the reasons for the delay in Ground No.8 of the review application.

3.Considering the fact that the concerned officer has expressed regret

and proper reasons have been assigned, we are inclined to condone the delay

on payment of cost of Rs.10,000/- to be paid to the 'High Court Legal Aid

Services Committee' Madurai Bench of Madras High Court, Madurai. https://www.mhc.tn.gov.in/judis

4.A perusal of the order of the learned Single Judge of this Court dated

07.07.2023 in W.P(MD).No.6186 of 2022 reveals that the writ petitioner's

mother who was working as a Noon Meal Organizer had passed away and her

son has sought for compassionate appointment. Since the legal heir is a male,

his request has been rejected by the authorities. The Writ Court had quashed

the order and has directed the authorities to include the name of the petitioner

in the general list of persons waiting for compassionate appointment and

offer him with an appropriate appointment when his turn comes.

5.Therefore, it is clear that the writ Court has only directed the District

Collector to consider the request of the petitioner for appointment under any

one of the other schemes and not for any Government Employment that too

based upon the seniority. Therefore, we do not find any reason to interfere in

the order of the writ Court.

6.With the above said observation, this Review Application stands

disposed of. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                       (D.K.K., ACJ.)          (R.V.J.,)
                                                                                    20.09.2024

                     Index :Yes/No
                     Internet :Yes/No
                     NCC : Yes/No
                     msa
https://www.mhc.tn.gov.in/judis







                     To

The High Court Legal Aid Services Committee Madurai Bench of Madras High Court, Madurai.

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

D.KRISHNAKUMAR, ACJ.

AND R.VIJAYAKUMAR,J.

msa

Pre-delivery Judgment made in Rev.Application(MD).No.61 of 2024

in WA(MD).SR.No.83760 of 2023

20.09.2024

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