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Madras High CourtWP/699/2024dismissed

V.Karthikeyan v. The Collector

2024-01-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Karthikeyan

...Petitioner

-Vs1.The Collector, Vellore District.

2.The Tahsildar, K.V.Kuppam Taluk, Vellore District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant employment to the petitioner on compassionate ground pursuant to the death of Subramani on 31.07.2023 treating his petitioners for employment as first application filed by the petitioner dated 26.03.2018 and grant an order of appointment as Village Assistant.

For Petitioner : Mr.G.Appavu For Respondents : Mr.A.M.Ayyadurai Government Advocate

ORDER

This writ petition has been filed for direction directing the respondents to grant employment to the petitioner on compassionate ground pursuant to the death of Subramani on 31.07.2023 treating his petitioners for employment as first application filed by the petitioner dated 26.03.2018 and grant an order of appointment as Village Assistant.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner's father, while he was in service as a Village Assistant, died on 17.03.2001, leaving behind his wife, sons and daughters as legal heirs. The legal heirship certificate was granted on 10.10.2018. The elder son one Devendiran had applied for employment on compassionate ground. However, he also died on 06.08.2001. Another brother of the petitioner, one Subramani had applied for compassionate appointment. Though he was appointed on compassionate ground, he could not able to join as he was suffering from Pulmonary disease, due to which, he had given a consent for employment to the petitioner. The said request was not considered and as such, he filed a writ petition before this Court in W.P.No.2753 of 2022 and the same was also dismissed by this Court on 17.02.2022. It was challenged by way of a writ

appeal in W.A.No.1699 of 2022 and the same was also dismissed.

4. The request made by the petitioner's brother to appoint the petitioner on compassionate ground was already rejected and confirmed by this Court. Therefore, the request made by the petitioner that too in the year 2023 cannot be considered and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

11.01.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The Collector, Vellore District.

2.The Tahsildar, K.V.Kuppam Taluk, Vellore District.

11.01.2024