S.Meenatchi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY and WMP.No.10822 of 2024

1. S.Meenatchi

2. S.Pari

3. S.Sumathi ... Petitioners -Vs1. The Secretary to Government Home Department Fort St.George, Chennai 600 002.

2. The Director General of Police The Tamil Nadu Police Headquarters Dr.Radhakrishnan Salai, Chennai 600 004.

3. The Superintendent of Police Tiruvallur District, Tiruvallur. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the 3rd respondent vide RC.No.A4/383/5588862/2023 dated 08.11.2023 and quash the same and consequently direct the respondents to appoint the 3rd petitioner on the ground of Compassionate ground based on application submitted by the petitioners dated 29.08.2023.

For Petitioners : Mr.R.Balaguru Swamy For Respondents : Mr.C.Jayaprakash Government Advocate

O R D E R

This writ petition is filed challenging the order dated 08.11.2013 in and by which the prayer for compassionate appointment was rejected by the respondents.

2. By consent of both the parties, this writ petition is taken up for final disposal.

3. The case of the petitioners is that their family suffers in penury and the third petitioner is a deserving candidate for appointment on compassionate basis on account of the sudden demise of the third petitioner's father. On perusal of the impugned order it can be seen that the father of the 3rd petitioner died on 14.10.2004 as of the said date the 3rd petitioner was aged only 14 years. Since she did not attain majority within the period of three years no application was made and could have been made within the period of three years from date of death of the employee. This question has since been settled by this Court that unless the minor claimant attains majority within the period of three years,

an application made thereafter cannot be entertained for the purpose of grant of compassionate appointment.

4. In view thereof, this Court is unable to grant any relief to the petitioners, accordingly this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 10.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq To

1. The Secretary to Governemnt Home Department Fort St.George, Chennai 600 002.

2. The Director General of Police The Tamil Nadu Police Headquarters Dr.Radhakrishnan Salai, Chennai 600 004.

3. The Superintendent of Police Tiruvallur District, Tiruvallur.

D. BHARATHA CHAKRAVARTHY , J.

dpq 10.04.2024