R.Ambiga v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Ambiga ... Petitioner Vs

1. The State of Tamil Nadu Rep. by its Secretary to Government, Labour & Employment Department, 7th Floor, Namakkal Kavignar Maligai, Fort St. George, Chennai - 600 009.

2. The District Collector, O/o.Collector, Chennai District, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

3. The Director, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.

... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the third respondent to consider petitioner's representation dated 03.05.2023 to appoint the 1/5

petitioner in a suitable Government job according to petitioner's eligibility on the basis of compassionate ground.

For Petitioner : No appearance For Respondents : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This Writ Petition has been filed to direct the third respondent to consider the representation of the petitioner dated 03.05.2023 to appoint the petitioner in a suitable Government job according to petitioner's eligibility on the basis of compassionate ground.

2. There is no representation for the petitioner.

3. A perusal of the affidavit filed along with the Writ Petition clearly indicate that the writ petitioner's father died on 17.02.2001 and subsequently his mother died on 12.02.2003. It is relevant to note that the writ petitioner's father died after his retirement 30.06.1994. Thereafter, the petitioner has given a representation to the third respondent for 2/5

compassionate appointment.

This Court is at loss to understand how this writ petitioner is entitled for any appointment under compassionate ground. It is to be noted that for appointment on compassionate ground, the death of a Government servant ought to have occurred while he was in service. Whereas, the father of the petitioner died after seven years of his retirement. Hence, the petitioner cannot claim compassionate appointment and there is no merits in this Writ Petition.

4. Accordingly, this Writ Petition is dismissed. No costs. 14.07.2023 Index:Yes/No vrc To, 3/5

1. The Secretary to Government, Labour & Employment Department, 7th Floor, Namakkal Kavignar Maligai, Fort St. George, Chennai - 600 009.

2. The District Collector, O/o.Collector, Chennai District, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

3. The Director, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.

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N.SATHISH KUMAR, J.

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