J.Sundaravadanam, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN J.Sundaravadanam ....
Petitioner Vs
1. The Government of Tamil Nadu, Rep. by Secretary to Government, Tamil Development & Information Department, Secretariat, Chennai - 9.
2. The Director of Stationery & Painting, No.110, Anna Salai, Chennai - 600 002.
3. The Deputy Works Manager, Government Branch Press, High Court Campus, Chennai - 104.
....
Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus, calling for the records relating to the orders in (1) foj vz;/23834-vm1-1/2013-9, Tamil Development and Information (vm1-1) Department dated 08.09.2014 of the first respondent (2) c/eP/k/fp/m/f/vz;/m1/1039/08 dated 28.01.2009 of the third respondent and (3) ,af;ff vz;/gp1/18898/07
dated 31.03.2009 of the second respondent to quash the same and to issue consequential directions to the respondents to appoint the petitioner on compassionate grounds in any suitable post commensurate with his educational qualifications, consequent on the death of his father Tr.D.Jayaraj on 22.11.2000, while in service as Deputy Works Manager, Government Branch Press, High Court Campus, Chennai-104, with notional effect from 28.06.2009 onwards and allowing benefits. For Petitioner : Mr.S.Balakrishnan for Mr.M.Ravi For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated 28.01.2009 passed by the third respondent and the order dated 31.03.2009 passed by the second respondent, thereby rejected the claim of the petitioner for seeking appointment on compassionate ground.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
3. The petitioner's father was working as Deputy Works Manager, Government Branch Press, Chennai. While he was in service, he died on 22.11.2000, leaving behind the petitioner, his wife, other two sons and mother. On 01.03.2001, the petitioner's mother submitted a representation for appointment to the suitable post on compassionate ground. There was a ban on appointment on compassionate ground from November 2001 to February 2006 as per G.O.Ms.No.212, P & AR Department, dated 29.11.2001. Thereafter, by G.O.Ms.No.16, P & AR Department, dated 21.02.2006, the ban was lifted and the mother of the petitioner has represented to consider the case of the petitioner for appointment on compassionate ground. It was rejected by the third respondent on the ground that the petitioners family is not in indigent circumstances.
Now, the petitioner is aged about 45 years. That apart, as per the report dated 20.04.2007 submitted by the Tahsildar, the petitioner's father owned a house at No.15, 30th Avenue, Banu Nagar, Pudur, Ambathur, Chennai-50. The petitioner's mother was working as a teacher and retired on superannuation and she is receiving pension. She is also receiving family pension after the death of her husband.
4. In view of the above, this Court finds no infirmity or
illegality in the order passed by the third respondent and confirmed by the second respondent. Therefore, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
25.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp
1. The Secretary to Government, Government of Tamil Nadu, Tamil Development & Information Department, Secretariat, Chennai - 9.
2. The Director of Stationery & Painting, No.110, Anna Salai, Chennai - 600 002.
3. The Deputy Works Manager, Government Branch Press, High Court Campus, Chennai - 104.
G.K.ILANTHIRAIYAN, J.
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