Madras High Court
V.Bharathirajan vs Joint Registrar Of Co-Operative ... on 25 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.28034 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.28034 of 2024
and
W.M.P.No.30584 of 2024
V.Bharathirajan
S/o.Late G.Varadharajan ... Petitioner
Vs.
1.Joint Registrar of Co-operative Societies,
Tiruvallur District, Tiruvallur.
2.Executive Officer,
Allamelumangapuram,
Primary Agricultural Co-operative Bank,
Mathur Post, Tiruttani Taluk,
Tiruvallur. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus quashing
the letter Na.Ka.822/2022/A2 dated 02.05.2022 of the first respondent
and issue a direction to the respondents to give employment to petitioner
on compassionate grounds.
For Petitioner : Mr.G.A.Thiyagarajan
For Respondents : Mr.M.Rajendran
Additional Government Pleader [R1]
Mr.V.Manoharan
Additional Government Pleader [R2]
*****
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Writ Petition No.28034 of 2024
ORDER
This writ petition has been filed challenging the impugned
letter of the first respondent dated 02.05.2022 and for a consequential
direction to the petitioner to give employment on compassionate
grounds.
2. Heard Mr.G.A.Thiyagarajan, learned counsel for petitioner,
Mr.M.Rajendran, learned Additional Government Pleader appearing for
first respondent and Mr.V.Manoharan, learned Additional Government
Pleader appearing for second respondent.
3. The case of the petitioner is that his father Varadharajan was
working as Secretary in the Primary Agricultural Co-operative Society at
Allamelumangapuram, Tiruttani Taluk. He died in harness on 06.04.2005
leaving behind his wife, daughters and the petitioner herein who is the
son. The petitioner was a minor at the time of the demise of his father.
The petitioner's mother submitted an application on 07.08.2006 to grant
appointment on compassionate grounds and the same was rejected on the
ground that she did not have sufficient educational qualification.
Thereafter, several representations were made to the respondents seeking
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Writ Petition No.28034 of 2024
for appointment on compassionate ground from the year 2011. The
petitioner attained majority on 18.12.2009 and he submitted an
application dated 27.04.2022 seeking for appointment on compassionate
ground. The said application was rejected by the first respondent through
the impugned letter dated 02.05.2022 and the same has been put to
challenge in the present writ petition.
4. The first respondent has rejected the claim made by the
petitioner on the ground that the deceased had died in the year 2005 and
there was no one eligible to be considered for compassionate
appointment at that point of time and the petitioner was also a minor.
Subsequently, the petitioner, on attaining majority, has submitted an
application in the year 2022 seeking for compassionate appointment. The
same was rejected on the ground that the claim made by the petitioner is
not within the requirements prescribed under the Government Order.
5. The issue that is involved in the present writ petition is
squarely covered by the judgment of the Full Bench in Nandini Dev v.
Secretary to Government [W.P.(MD) Nos.7016 of 2011 etc. batch,
dated 11.03.2020]. This judgment was subsequently relied upon by the
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Writ Petition No.28034 of 2024
N.ANAND VENKATESH, J
gm
Division Bench of this Court in Tamil Nadu State Transport
Corporation (Madurai) Ltd. and another v. S.Azarutheen [W.A.(MD)
No.120 of 2021, dated 03.08.2022]. The impugned rejection letter of the
first respondent dated 02.05.2022 is perfectly in line with the said
judgments. Therefore, there is no question of interfering with the same.
In the result, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
25.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Joint Registrar of Co-operative Societies,
Tiruvallur District, Tiruvallur.
2.The Executive Officer,
Allamelumangapuram,
Primary Agricultural Co-operative Bank,
Mathur Post, Tiruttani Taluk, Tiruvallur.
Writ Petition No.28034 of 2024
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