R.Muralidaran, v. The Additional Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Muralidaran ... Petitioner Vs

1. The Additional Director, Survey and Settlement Department, Land Survey Illam, Chepauk, Chennai - 600 005.

2. The Assistant Director, District Land Survey Office, Thanjavur.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent herein in is proceedings No. Na. Ka. R1.12636/21 dated 15.03.2024 and quash the same and consequently direct the respondents to grant compassionate appointment to the petitioner, within a time frame. For Petitioner : M/s. G.Bala and Daisy For Respondents : Mr. S.Arumugam, Government Advocate 1/5

O R D E R

With the consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself.

2. The Writ Petition has been filed challenging the order dated 15.03.2024, passed by the first respondent, thereby the request made by the petitioner seeking appointment on compassionate grounds was rejected.

3. The petitioner's father, while working as Selection Grade Field Assistant at Pattukottai Town, went missing on 06.09.2001. Immediately, a complaint was lodged, and an F.I.R was registered in Crime No. 201 of 2002 under 'man missing.' Thereafter, the said F.I.R was closed as an 'undetectable one.' The petitioner's mother also obtained a certificate to that extent. On the strength of the same, the petitioner's mother was sanctioned family pension. Thereafter, the petitioner's mother submitted an application seeking appointment on compassionate grounds for the petitioner. As directed, the petitioner's mother approached the Civil Court for a declaration declaring the petitioner's father as 'civilly dead' in O.S. No. 225 of 2018 before the District 2/5

Munsif Court, Thanjavur. After obtaining the decree, the petitioner submitted an application seeking appointment on compassionate grounds.

4. Admittedly, the petitioner's father has been missing since 06.09.2001 for 25 years, and the petitioner's family has been able to survive without the support of the petitioner's father. The grant of family pension and terminal benefits are completely different from a compassionate appointment. An appointment on compassionate grounds can be extended due to the financial crisis of the family. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent.

5. In the result, this Writ Petition is dismissed. No costs. 23.07.2024 Index:Yes/No kv 3/5

To

1. The Additional Director, Survey and Settlement Department, Land Survey Illam, Chepauk, Chennai - 600 005.

2. The Assistant Director, District Land Survey Office, Thanjavur.

4/5

G.K.ILANTHIRAIYAN, J.

kv 23.07.2024 5/5