R.Saravanakumar v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.18318 of 2024 R. Saravanakumar ... Petitioner Vs.

1. The Chief Educational Officer, Cuddalore District, Cuddalore.

2. The District Educational Officer, Virudhachalam Education District Cuddalore District.

3. The Block Educational Officer, Bhuvanagiri Block, Cuddalore District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 3rd respondent in Na.Ka.No.435/A3/2023 dated 02.04.2024 and to quash the same and consequently direct the respondents to pass orders for appointment of petitioner on compassionate grounds in any suitable post with all Page No. 1 of 4

consequential and other attendant benefits.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

ORDER

This writ petition is filed challenging the impugned order dated 02.04.2024 in and by which the petitioner's prayer for grant of compassionate appointment was rejected by the respondents.

2. It can be seen from the writ petition itself that the petitioner's father namely V.Ramaiyan who was employed as Secondary Grade Teacher died on 19.06.2003. At the relevant point of time, the petitioner was only 13 years of age. Though a representation was made within a period of three years, without even the petitioner attaining the majority the said application was made. After the petitioner attained majority, again the second application was made. Therefore, the learned counsel contends that the respondents are at fault in not considering the same.

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3. This question is no longer res-integra and has been authoritatively answered by the Full Bench of this Court in W.P.(MD).No.7016 of 2011 etc., by order dated 11.03.2020 in which it has been held against the petitioner that unless the candidate attains majority within a period of three years from the date of death of the employee subsequent applications cannot be entertained.

4. In view thereof, this Court is unable to come to the rescue of the petitioner and as such this writ petition stands dismissed. No costs. Consequently connected miscellaneous petition is also closed. 26.06.2024 dpq Page No. 3 of 4

D.BHARATHA CHAKRAVARTHY, J.

dpq To

1. The Chief Educational Officer, Cuddalore District, Cuddalore.

2. The District Educational Officer, Virudhachalam Education District Cuddalore District.

3. The Block Educational Officer, Bhuvanagiri Block, Cuddalore District.

and WMP.No.18318 of 2024 26.06.2024 Page No. 4 of 4