T.Senthil Selvi v. The Joint Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6335 of 2024 and W.M.P.No.7043 of 2024
1. T.Senthil Selvi
2. T.Gokul
...Petitioners
-Vs1) The Joint Director of School Education, Directorate of School Education, Chennai-600 006.
2) The District Educational Officer, Edapadi, Salem District.
3) The Block Educational Officer, Kolathur Block, Kolathur, Mettur Taluk, Salem District.
...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 relating to the impugned order passed by the 2nd respondent in his Pro.O.Mu.No.2911/A1/2020 dated 28.09.2020 served on 21.12.2023 and quash the same as unsustainable in law and issue consequential direction to the respondents herein to provide appointment on compassionate grounds to the 2nd petitioner in any post according to his educational qualification consequent on the death of his father Thiru.S.Thangarasu on 25.04.2014, while in service as
Head Master of Panchayat Union Middle School, Perumal Kovil Natha, Kolathur Panchayat Union, Mettur Taluk, Salem District within a time stipulated by this Hon'ble Court.
For Petitioners : Mr.R.Thamaraiselvan For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
This writ petition has been filed challenging the order passed by the 2nd respondent dated 28.09.2020 thereby rejected the request made by the first petitioner seeking compassionate appointment.
2. The first petitioner's husband Mr.Thangarasu while he was in service as Middle School Head Master of Panchayat Union Middle School, Perumal Kovil Natham, Kolathur Panchayat Union, Mettur Taluk, Salem District he died on 25.04.2014. Within a period of three years from the date of his demise the first petitioner applied for compassionate appointment for her minor son i.e., the 2nd petitioner herein. Thereafter, the 2nd petitioner completed his diploma. After completion of his diploma and attained age of majority he applied for appointment on compassionate ground and the same was rejected by an order
dated 28.09.2020 on the ground that at the time of application made by his mother, the 2nd petitioner was minor and also on the date of application submitted by the 2nd petitioner he was minor. That apart, now after a period of ten years from the date of his father's demise, the appointment cannot be considered on compassionate ground.
3. Therefore, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 11.03.2024 (1⁄2) Index : Yes/No Internet: Yes/No gvn
G.K.ILANTHIRAIYAN,J.
gvn To
1) The Joint Director of School Education, Directorate of School Education, Chennai-600 006.
2) The District Educational Officer, Edapadi, Salem District.
3) The Block Educational Officer, Kolathur Block, Kolathur, Mettur Taluk, Salem District.
11.03.2024 (1⁄2)