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Madras High CourtWP/5338/2020dismissed

Tmt.Selvambal, v. The Commissioner Of Revenue

2020-03-03Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 03.03.2020

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.5338 of 2020 Tmt.Selvambal ..

Petitioner versus

1. The Commissioner of Revenue Administration, Chepauk,Chennai-600 005.

2. The District Collector, Cuddalore District, Cuddalore.

3. The Revenue Tahsildar, Thittagudi taluk Office, Thittagudi Taluk, Cuddalore District.

..

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to consider and pass orders based on the representation of the petitioner dated 20.12.2019 in accordance with law. For Petitioner :

Mr.M.Velmurugan For Respondents:

Mrs.R.Janaki, AGP

ORDER

This Writ Petition is filed by the petitioner, praying for the issuance of a Writ of Mandamus, to consider and pass orders based on the representation of the petitioner dated 20.12.2019 in accordance with law.

2. According to the petitioner, her husband, Thiru Chinnasamy, who was working as Village Assistant in the 3rd respondent Office, died in harness on 23.10.2000 leaving behind the petitioner and his three children. The petitioner made a representation on 9.4.2001 to the 2nd respondent, requesting to provide compassionate appointment to her son, who was then minor, studying VII standard. By proceedings, dated 22.5.2001, the 2nd respondent informed the petitioner that her request could not be considered since the son of the petitioner was a minor https://hcservices.ecourts.gov.in/hcservices/

and studying VII Standard. Thereafter, it appears that the petitioner's son had attained the majority in 2008 and once again, the petitioner renewed her request with the Department. However, nothing has been disclosed in the affidavit filed in support of the Writ Petition as to what decision was taken in response to the request made by the petitioner.

3. While the matters stood thus, the petitioner appears to have submitted a representation on 20.12.2019 and nothing has been explained in the affidavit as to what happened in between 2008 and 2019. The affidavit is bereft of any kind of details covering such a long period. Therefore, this Court is not inclined to grant any relief to the petitioner since the claim appears to be hopelessly time barred. Needless to mention that the scheme for compassionate appointment envisages immediate employment assistance to the family of the deceased in order to tide over the loss of income due to sudden demise of the breadwinner. Therefore, the claim for compassionate appointment cannot continue for indefinite period and in this case, it is almost 20 years.

4. For the above said reasons, this Court does not find any merit in the Writ Petition and hence, the same is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar suk To

1. The Commissioner of Revenue Administration, Chepauk,Chennai-600 005.

2. The District Collector, Cuddalore District, Cuddalore.

3. The Revenue Tahsildar, Thittagudi taluk Office, Thittagudi Taluk, Cuddalore District.

W.P.No.5338 of 2020 RV(CO) nvi/28.05.2020 https://hcservices.ecourts.gov.in/hcservices/