D.Gopinath v. The Director Of Public Health

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.32008 of 2017 D.Gopinath .. Petitioner -vs1. The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai - 600 006

2. The Deputy Director (Medical) Leprosy, Ponamalle Chennai - 600 056 .. Respondents Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling records from the 1st respondent relating to the impugned order L.Dis.No.128212/PHC7/A3/2006 dated 07.09.2009 and quash the same and direct the 1st respondent to offer employment to the petitioner on compassionate ground.

For Petitioner :: Ms.D.Asenthamani For Respondents:: Mr.V.Jayaprakash Narayanan, Special Government Pleader

ORDER

The Writ Petition has been preferred challenging the impugned order dated 07.09.2009, issued by the 1st respondent, wherein the request of the petitioner for compassionate appointment was rejected holding that the petitioner, instead of filing an application within a period of three years from the date of death of his father, has made an application for compassionate appointment belatedly.

2. Heard the learned counsel on either side and perused the documents available on record.

3. The contention of the learned counsel appearing for the petitioner is that immediately, after death of Thiru.D.Durai, on 22.07.1997, an application has been filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/

on 21.09.2001, the same itself shows that it is after three years. However, the order dated 07.09.2009 refusing the request of the petitioner should have been challenged immediately, but, the same has been challenged only now, i.e., after eight long years. Hence, this Court does not find any merit to entertain this Writ Petition. Accordingly, the Writ Petition fails and the same stands dismissed on the ground of laches. No costs. Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar ssd To

1. The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai - 600 006

2. The Deputy Director (Medical) Leprosy, Ponamalle Chennai - 600 056 + 1 cc to Ms.D.Asenthamani Advocate,SR.88077 + 1 cc to The Govt.Pleader, SR.88558 W.P.No.32008 of 2017 nr 08/01/2018 https://hcservices.ecourts.gov.in/hcservices/