J.Jenifer Rajkumar v. The Special Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY J.Jenifer Rajkumar ... Appellant/Petitioner Vs.

1.The Special Officer, Madurai - 625020.

2.General Manager, Madurai. ... Respondents/Respondents Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 08.11.2021, made in W.P.(MD) No.19973 of 2021. in WP(MD). 19973/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the respondents to consider the petitioners representation dated 0309-2021 within the time stipulated by this Honourable Court. For Appellant : Mr.N.Murugesan For Respondent : Mr.M.Siddharthan, Additional Government Pleader J U D G E M E N T (Delivered by PARESH UPADHYAY,J.) Challenge in this appeal is made to the order dated 08.11.2021 recorded on W.P(MD) No.19973 of 2021. This appeal is by an unsuccessful writ petitioner.

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2.

Learned advocate for the appellant has submitted that, the writ petitioner wanted compassionate appointment on the death of a person, who had adopted him as his son and therefore, denial thereto was illegal. It is submitted that this appeal be entertained. 3.

Having heard the learned Advocate for the appellant and having considered the material on record, this Court finds as under:- 3.1 The date of death of the concerned employee is 06.10.2005. 3.2 On the basis of some document, claimed to be Will of the said employee and which is further claimed to have been registered on 30.09.2005, it is asserted that, the present appellant / writ petitioner be treated as the adopted son of the employee. 3.3 The employer did not accept this and learned single Judge also did not consider this worth granting any relief.

4. In these facts, we do not think that any relief could have been granted to the appellant/ writ petitioner. Rejection of petition, in such facts can not be said to be erroneous, calling for any interference in this appeal.

5. For the above reason, this appeal is dismissed. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Special Officer, Madurai - 625020.

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2.General Manager, Madurai.

+1 CC to M/s.N.MURUGESAAN, Advocate ( SR-4836[F] dated 08/02/2022 ) +1 CC to M/s.SPL GP ( SR-4782[F] dated 08/02/2022 ) 07.02.2022 PM MS/28.03.2022/3P.5C 3/3