V.Nirmala v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.2987 of 2016 V.Nirmala ... Petitioner Vs.

1.The Secreatary, Revenue Department, Tamil Nadu State Government, Secretariat, Chennai - 600 009.

2.The District Collector, Collectorate, Thiruvarur District, Thiruvarur.

... Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceeding No.Mu.Mu.2775/A.3/2016 dated 25.4.2016 and consequently directing the respondents to appoint the petitioner on compassionate ground.

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For Petitioner : Mr.N.Manokaran For Respondents : Mr.R.Vigneswaran Government Advocate for R1 to R3 Mr.T.Karunamoorthy for Mr.P.R.Balasubramaniam for R4

ORDER

The order of rejection rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition. 2.The father of the writ petitioner Late. R.Vaithialingam was employed in the Revenue Department and died on 17.07.2002, while he was in service. The petitioner during the relevant point of time, when her father died was a minor and therefore, not eligible to avail the benefit of the scheme compassionate appointment. On attaining the age of majority, the petitioner submitted an application on 12.08.2013, after a lapse of 11 years for providing an appointment on compassionate ground. The said application was rejected through the impugned order dated 25.04.2016. The impugned order was issued 2/4

pursuant to the directions issued by this Court in W.P.No.10327 of 2016 dated 21.03.2016, wherein this Court directed the authorities to consider the application. Thus, the authorities considered and stated that the application itself was submitted beyond the period of three years and therefore, there is no provision to entertain such application as per the terms and conditions of the scheme itself. Thus, this Court do not find any infirmity in respect of the reasons stated in the order impugned.

3.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.09.2022 Index : Yes Internet : Yes Speaking order ssr To 1.The Secreatary, Revenue Department, Tamil Nadu State Government, Secretariat, Chennai - 600 009.

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S.M.SUBRAMANIAM, J.

ssr 2.The District Collector, Collectorate, Thiruvarur District, Thiruvarur.

and W.M.P.No.2987 of 2016 27.09.2022 4/4