M.Manikandan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH W.P.No.34223 of 2022 and W.M.P. No.33671 2022 M. Manikandan S/o. Late Muthaiyan 3/26A, Mariamman Koil Street Periyeri Post, Athur Taluk, Salem District ... Petitioner Vs.

1. The Director, O/o. The Director Office of Animal Husbandry, 571, Annasalai, Nandanam, Chennai 600 035.

2. The Assistant Director, O/o. The Assistant Director office of Animal Husbandry, Villupuram 600 035.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of certiorari Mandamus or any other appropriate writ or order or direction in the nature of writ call for the records order in May.Ku.A.Thi.Mu.No.3128/R3/2021 date.01.02.2021 by the 1st respondent and quash the same and consequently direct the 1st respondent to appoint the petitioner in the suitable post on compassionate ground based on his application.

Page No.1 of 4

For Petitioner : Mr. G. Mohan For Respondents : Mr. R.V.Dinesh Rajkumar

ORDER

This Writ Petition has been filed to quash the order of the 1st respondent in May.Ku.A.Thi.Mu.No.3128/R3/2021 dated 01.02.2021 and to direct them to appoint the petitioner in the suitable post on compassionate ground based on his application

2. The case of the petitioner is that his father Muthaiyan died while he was working under the 2nd respondent. The petitioner preferred an application dated 27.03.2018, to the 1st respondent seeking for an appointment under compassionate ground. The same was rejected by the first respondent vide its order dated 01.02.2021 on the ground that the representation was not made within a period of three years. Aggrieved over the said order, the present Writ Petition is filed.

3. Heard the learned counsel appearing on either side. Page No.2 of 4

4. It is seen that the petitioner has approached the authorities, after a lapse of 21 years, seeking for compassionate appointment. In the light of the decision of the Hon'ble Supreme Court in Fertilizers and Chemicals Travancore Limited and Others vs. Anusree K.B reported in 2022 LiveLaw (SC) 819, this Writ Petition lacks merits and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

13.12.2024 Index :

Yes/No Speaking Order :

Yes/No bga To:

1. The Director, O/o. The Director Office of Animal Husbandry, 571, Annasalai, Nandanam, Chennai 600 035.

2. The Assistant Director, O/o. The Assistant Director office of Animal Husbandry, Villupuram 600 035.

Page No.3 of 4

VIVEK KUMAR SINGH ,J.

bga W.P.No.34223 of 2022 13.12.2024 Page No.4 of 4