R.Karthikeyani v. The Govt Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2019 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.3833 of 2019 R.Karthikeyani .. Appellant/Petitioner Vs.

1. The Government of Tamil Nadu rep. by its Secretary Department of School Education Fort St. George Chennai - 600 009.

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

3. The District Educational Officer Cheranmahadevi Educational District Office at Tirunelveli Town.

4. The Headmaster Government Higher Secondary School Panagudi - 627 109 Tirunelveli District.

.. Respondents /Respondents PRAYER: Appeal under Clause 15 of the Letters Patent against the order dated 13.6.2019 passed by the learned Single Judge in W.P.No.25963 of 2014.

WP.NO.25963/2014:

Prayer:- This Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records pertaining to the order of 3rd respondent made in O.M.6044/A1 04 dated 04.02.2008 and the order of the 2nd respondent made in Mu.Mu.No.37409/I3 2009 dated

10.09.2009 and quash the same consequent to direct the 1st and 2nd respondents to appoint the petitioner on compassionate grounds in anyone of the post in the Department of School Education with all benefits.

For Appellant : Mr.R.Malaichamy For Respondents : Mr.C.Munusamy Special Government Pleader (Education)

JUDGMENT

(Delivered by The Hon'ble Chief Justice) Heard learned counsel for the appellant and the learned counsel for the State.

2. It is undisputed that the writ petition was filed claiming compassionate appointment almost after 21 years of the death of the deceased employee.

3. The learned counsel for the appellant submits that for the purpose of relaxation a request was made to the Appellate Authority, which, according to the appellant, is still pending and hence, the dismissal of the writ petition would be an impediment in the consideration of any such relaxation, which may be entertained by the Appellate Authority.

4. We do not comment upon any such plea having been raised, but the fact remains that the learned Single Judge did not commit any error in declining to exercise jurisdiction after 21 years of the death of the deceased employee.

The appeal is consigned to records. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sasi

To:

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

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

3. The District Educational Officer Cheranmahadevi Educational District Office at Tirunelveli Town.

+1cc to Mr.R.Malaichamy, Advocate sr.94865 +1cc to Government Pleader SR.NO. 95543, 96018 W.A.No.3833 of 2019 mr(co) nr 12/12/2019