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Madras High CourtWP/18927/2019dismissed

A.Sudha v. The Director Of School Education,

2019-10-21Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.18927 of 2019 A.Sudha

...Petitioner

vs.

1.The Director of School Education, DPI Campus, BRC Department - Nungambakkam, [Block Resource Centre] Chennai.

2.The Joint Director of School Education, DPI Campus, BRC Department - Nungambakkam, [Block Resource Centre] Chennai.

3.The District School Education Officer, Chengalpet, Kanchipuram District. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the first and second respondents to consider the petitioner representations seeking compassionate appointment dated 23.06.2013 and 10.04.2018.

For Petitioner : Mr.R.K.Gandhi For Respondents : Ms.P.Kavitha Government Advocate

ORDER

The Writ Petition has been filed by the petitioner seeking direction to direct the first and second respondents to consider the petitioner representations dated 23.06.2013 and 10.04.2018 seeking compassionate appointment.

2.The case of the petitioner is that the petitioner's husband selected as Teacher by the first respondent through Teacher Recruitment Board in the year 2010. Thereafter, he was appointed as a Teacher in School at Chitamur. He was finally worked in the School at Sothupakkam BRC Scheme and died on 29.09.2012 leaving behind the petitioner, two children and his mother as legal heirs. The petitioner is a decree holder and qualified to any of the post and considering the family situation, the petitioner submitted the representation for compassionate appointment, till date the same was not considered. Hence, the petitioner filed a Writ Petition before this Court for compassionate ground.

3.The learned counsel appearing for the petitioner would submit that though the petitioner's husband died in the year 2012 and the petitioner submitted application for compassionate appointment within a period of three years from the date of her husband's death. Hence, he prayed for appropriate orders. 4.Considering the facts and circumstances of the case, the petitioner's husband died in the year 2012 but there is no proof would show that the petitioner submitted the application for compassionate appointment within a period of three years from the date of her husband's death. Without any proof, this Court cannot issue a direction to direct the respondents to consider the petitioner representation.

5.Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(CS- ) // True Copy// Sub Assistant Registrar pam To 1.The Director of School Education, DPI Campus, BRC Department - Nungambakkam, [Block Resource Centre] Chennai.

2.The Joint Director of School Education, DPI Campus, BRC Department - Nungambakkam, [Block Resource Centre] Chennai.

3.The District School Education Officer, Chengalpet, Kanchipuram District.

+1CC to Government Pleader, SR.No.88676.

W.P.No.18927 of 2019 PPA(CO) CSR(10/12/2019)