R.Arjun v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.18230 of 2021 R.Arjun ... Petitioner Vs.
The Registrar Annamalai University Annamalai Nagar Chidambaram Cuddalore District 608 002.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the order dated 11.07.2019 vide C2-1/2019 passed by the respondent and quash the same and further directing the respondent to provide suitable appointment on the ground compassionate to the petitioner. For Petitioner : Mr.G.Pugazhenthi For Respondent : Mr.S.Sithirai Anandan Standing Counsel Page No.1 of 6
ORDER
The father of the petitioner namely, late N.Rajendran worked under the respondent University as Deemed Foremen in the Production Department and died in harness on 04.10.2001 leaving behind the petitioner, his sister and mother as legal heirs. The petitioner was aged 8 years on the date of the death of his father.
2.
It is the case of the petitioner that his mother made an application on 03.12.2014 to provide employment to the petitioner herein on compassionate ground, but no action has been taken by the respondent. Hence, the petitioner once again approached the respondent in the year 2019 seeking employment to the petitioner herein on compassionate ground, but the said representation was returned by the respondent on 11.07.2019 through impugned proceedings on the ground that the said application was submitted belatedly. Aggrieved by the said proceedings dated 11.07.2019, the petitioner approached this Court by filing present writ petition. Page No.2 of 6
3.
Though it is contended that the application was submitted on 03.12.2014, no material is placed before this Court to substantiate that the petitioner or his mother had submitted the said application on 03.12.2014. Even in the representation dated 26.06.2019 there was no reference to the so called application alleged to have been submitted by the mother of the petitioner on 03.12.2014. Thus, this Court is left with no other alternative except to treat the representation dated 26.06.2019 submitted by the mother of the petitioner as first application seeking compassionate appointment consequent upon the death of her husband on 04.10.2001. 4.
As already noted above, the petitioner was aged about 8 years when his father died in the year 2001. By the year 2011, the petitioner attained the age of majority, but for the reasons best known, the application on compassionate ground was submitted for the first time only on 26.06.2019 when the petitioner was aged 26 years.
5.
The very purpose of providing compassionate appointment is to provide a source of livelihood for the dependants of the deceased employee at Page No.3 of 6
the crucial time. But in the instant case, the very application for compassionate appointment was made after about 18 years after the date of death of Government employee. The said application submitted by the mother of the petitioner was rejected on the ground of delay and according to the respondent, the said application seeking compassionate appointment is required to be made within a period of three years from the date of death of the Government employee.
6.
In the instant case, as already observed, the application for compassionate appointment is submitted for the first time only after a period of 18 years and therefore, this Court does not find any error or illegality in the impugned order passed by the respondent and the writ petition is deserved to be dismissed.
7.
Accordingly, the writ petition is dismissed and the connected miscellaneous petitions, if any, shall stand closed. No costs. Page No.4 of 6
05.06.2024 Index :
Yes/No Speaking Order :
Yes/No dpa To:
The Registrar Annamalai University Annamalai Nagar Chidambaram Cuddalore District 608 002.
MUMMINENI SUDHEER KUMAR,J.
dpa Page No.5 of 6
W.P.No.18230 of 2021 05.06.2024 Page No.6 of 6