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Madras High CourtWP/20072/2021dismissed

M.Arun Balaji v. The Government Of Tamil Nadu

2021-09-21Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20072 of 2021 (Through Video Conferencing) M.Arun Balaji

...Petitioner

Vs

1. The Government of Tamil Nadu, Rep. By its Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2. The Director of School Education, (Personnel), College Road,Chennai-600 006.

3. The Chief Educational Officer, Tiruppur, Tiruppur District.

4. The District Educational Officer, Dharapuram, Tiruppur District.

5. The Block Educational Officer, Mulanur, Tiruppur District

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the third respondent made in his proceedings in Pa.Mu.No.7154/A1,2018, dated 01.12.2020 and QUASH the same and direct the respondents to appoint the petitioner on compassionate ground and to pass For Petitioner : Mr.A.S.Kaizer For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The petitioner was aged about 17 years when his mother was passed away on 30.10.2021. At that point of time, the petitioner was presumed his education in school. After completion of 18 years, a representation was sent for appointing the petitioner on compassionate ground. The proposal was returned on 23.10.2014 and thereafter the petitioner has been re-submitting these applications.

https://hcservices.ecourts.gov.in/hcservices/

2.During the interregnum, the petitioner has also completed graduation in Engineering. Now, the request of the petitioner has been rejected only on the ground that the petitioner's application for appointment on compassionate ground was made, at that time, when the petitioner had not completed 18 years at the time of filing an application for appointment of the petitioner on compassionate grounds cannot be countenanced. 3.The facts also indicates that the petitioner's mother was the Headmistress at Panchayat Union Elementary School, T.Sanarpalayam, Mulanur Panchayat Union, Tiruppur District. The family of the petitioner is receiving family pension. The fact remains that the petitioner has also completed his graduation in Engineering. If the family was in indigent circumstances, it would not have been possible for the petitioner to have completed the education in Engineering. Considering the fact that the family was not in indigent circumstances, there is no merits in the present writ petition.

4.Accordingly,this writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rgm/jas To

1. The Principal Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai-600 009.

2. The Director of School Education, (Personnel), College Road,Chennai-600 006.

3. The Chief Educational Officer, Tiruppur, Tiruppur District.

4. The District Educational Officer, Dharapuram, Tiruppur District.

5. The Block Educational Officer, Mulanur, Tiruppur District +1cc to Mr.A.S.Kaizer, Advocate, S.R.No.48663 +1cc to the Government Pleader, S.R.No.48530 W.P.No.20072 of 2021 SS(CO) RGA(26/10/2021) https://hcservices.ecourts.gov.in/hcservices/