M.Arivenkumar vs The Secretary To Government Of Tamil ...
2024 Latest Caselaw 18711 Mad

Madras High Court

M.Arivenkumar vs The Secretary To Government Of Tamil ... on 23 September, 2024

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 23.09.2024

                                                    CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              W.P.No.27833 of 2024

            M.Arivenkumar                                                              ... Petitioner

                                                      Vs.

            1.The Secretary to Government of Tamil Nadu
              Department of Education,
              Fort St. George,
              Chennai.

            2.The Chief Educational Officer,
              Ranipet,
              Ranipet District – 632 513.

            3.The District Educational Officer,
              Ranipet,
              Ranipet District – 632 513.

            4.The Assistant Elementary Educational Officer,
              Wallajah East Range at Ranipet,
              Ranipet District – 632 513.                                            ...Respondents


            Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance

            of a Writ of Certiorarified Mandamus, calling for the records pertaining order of

            rejection in Na.Ka.No.00503/A1/2020 dated 11/8/2021 rejecting the petitioner


                                                      1/4

https://www.mhc.tn.gov.in/judis
            application for application to the post of junior assistant by the 2nd respondent and

            quash the same and direct the 2nd respondent to consider petitioner application for the

            post of Junior Assistant on compassionate grounds.


                                   For Petitioner     :   Mr.Rajkumar Paul

                                   For Respondents :      Mrs.S.Mythreye Chandru
                                                          Special Government Pleader
                                                          for R1 to R4


                                                      ORDER

This writ petition has been filed challenging the proceedings of the 2 nd respondent

dated 11.08.2021 and for a consequential direction to the respondents to consider the

application submitted by the petitioner for appointment on compassionate grounds.

2.Heard Mr.Rajkumar Paul, learned counsel appearing on behalf of the petitioner

and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing on behalf

of the respondents.

3.In the instant case, the petitioner's father was working as an Office Assistant

and he died as early as in the year 2006. He died leaving behind his wife, two daughters

and the petitioner. When the petitioner's mother applied for compassionate appointment,

https://www.mhc.tn.gov.in/judis the same was rejected on the ground that she did not possess the necessary qualification.

The petitioner was a minor at the relevant point of time. The petitioner after completing

10th standard, applied for the post of Junior Assistant on 04.08.2014. The application

submitted by the petitioner was rejected by the 1st respondent, on the ground that on the

date of application, the petitioner had not completed 18 years and has also not

completed 10th Standard.

4.The petitioner after completion of 12th Standard in the year 2012 and after

completing his B.A., degree in the year 2018 submitted a fresh application and the same

was rejected through impugned proceedings dated 11.08.2021. Aggrieved by the same,

the present writ petition has been filed before this Court.

4.In the considered view of this Court, the issue involved in the present writ

petition is squarely covered by the judgment of the Full Bench of this Court in

W.P(MD)Nos.7016 etc., of 2011, dated 11.03.2020. The order passed by the 2nd

respondent is perfectly in line with the judgment of the Full Bench and it does not

require the interference of this Court.

https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J.

ssr

5.In view of the above, this writ petition stands dismissed. No Costs.

                                                                                               23.09.2024

            Internet   : Yes
            Index      : Yes
            Speaking Order / Non Speaking Order
            ssr


            To

1.The Secretary to Government of Tamil Nadu Department of Education, Fort St. George, Chennai.

2.The Chief Educational Officer, Ranipet, Ranipet District – 632 513.

3.The District Educational Officer, Ranipet, Ranipet District – 632 513.

4.The Assistant Elementary Educational Officer, Wallajah East Range at Ranipet, Ranipet District – 632 513.

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