← Library
Madras High CourtWP/11700/2024dismissed

.K.Udhayakiran v. The Commissioner

2024-04-29Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Udhayakiran .. Petitioner

Versus

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2. The Zonal Officer, Zonal Office - 9, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

3. The Assistant Executive Engineer, Unit 24, Greater Chennai Corporation, No.9, CID Colony, 6th Cross Street, Alwarpet, Chennai - 600 004.

.. Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the representation of petitioner and to quash the impugned order, dated 24.02.2021 and direct the respondents to appoint this petitioner Udhayakiran, on compassionate ground since his mother Kuppu died during her service, working as sanitary worker in Greater Chennai Corporation who died on 24.10.2017.

For Petitioner : Mr.A.N.Rajan For Respondents : Mrs.P.T.Ramadevi, Standing Counsel

ORDER

This petition is filed seeking to quash the impugned order, dated 24.02.2021 and direct the respondents to appoint the petitioner on compassionate grounds since his mother, who was working as a Sanitary Worker, died on 24.01.2017 during her service.

2. The petitioner's mother died while in service on 24.01.2017. Even though an application is said to have been made within three years, it can be 2/6

seen that the petitioner completed 18 years of age only on 21.07.2020. Therefore, it is beyond the period of three years from the date of death of the employee.

3. In that view of the matter, since the question has been settled by the Full Bench of this Court, based on the same, similar matters have been dismissed by this Court. Useful reference can be made to the Division Bench judgment of this Court in Periyaraj Vs. State rep. by the Chief Secretary and Ors. in W.A(MD).No.1435 of 2023, dated 05.09.2023. In view thereof, this Court cannot come to the aid of the petitioner and therefore, finding no merits, this Writ Petition is dismissed. There shall be no order as to costs.

29.04.2024 Index : yes Speaking order : no grs 3/6

To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2. The Zonal Officer, Zonal Office - 9, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

3. The Assistant Executive Engineer, Unit 24, Greater Chennai Corporation, No.9, CID Colony, 6th Cross Street, Alwarpet, Chennai - 600 004.

4/6

D.BHARATHA CHAKRAVARTHY, J.

grs 5/6

29.04.2024 6/6